Tagged: Short sales

Low Mortgage Rates are Enticing Potential Homebuyers

For many people who have been recently considering purchasing a home they are just one step closer to making a decision to purchase a home because of another recent drop in mortgage rates.  Low mortgage rates are driving potential homebuyers to purchase the homes that they have been considering and with the housing tax credit this may just be the thing to push a lot of people who were undecided off of the fence.

Making a decision to purchase a home is something that many people are considering with the home prices as low as they are, foreclosures and short sales as high as they are and mortgage rates as low as they are.  Currently 30 year fixed mortgages have dropped for the 5th straight week in a row to 4.71% (Freddie Mac).

The cause for the recent drop of mortgage rates is two fold.

  • The Federal Reserve has indicated their intents to extend the period of time that they will be offering short-term interest rates.
  • Strong demand for government issued funds

If you would like more information about purchasing a home or have legal questions concerning purchasing a home your best move is to contact a real estate attorney.  A real estate attorney will be able to explain the process you need to go through to purchase a home from beginning to end.  Understanding the importance of a contact of sale, getting your mortgage committment, having a clear title and closing title are all things that can be explained by an experienced real estate attorney.

If you would like to speak with a real estate attorney regarding the purchase of a home in New York or New Jersey contact Steven T. Decker Staten Island real estate lawyer.  Steven T. Decker will be able to assist you with understanding the legal side of purchasing a home and will also be able to represent you throughout the entire real estate purchasing process.  To speak with Steven Decker you can either call 718.979.4300 or 800.976.4904 or fill out our web form.

Also, if you are considering using our Staten Island real estate law firm for your real estate transaction and closing of title we recommend that you read Steven T. Decker’s book “5 Myths that Can Ruin the Purchase of Your Home“.  If you would like a copy we are currently offering this real estate book at no cost and no obligation to those considering purchasing property in New York or New Jersey.

NY & NJ Real Estate Transactions: Top Reasons to Buy a Home in New York or New Jersey

Deciding to purchase a home for the first time or purchasing a new home if you are an existing home owner is a big decision to make in this market.  You may be wondering if it is safe to buy a home or if it is in your best interest to buy a home with the economy not fully back to normal.  While these are all valid concerns the market may actually be the reason you should buy a home.  First, before we get into the reasons you should buy a home, I want to start by saying you should never feel pressured into purchasing a home.  Always make sure that when purchasing a home you feel comfortable with your purchase.  Keep in mind that you will be in this house probably for many years to come and you want to be happy with your house purchase.   You will also want to make sure you are able to afford a mortgage payment if you will be considering getting a loan for your home purchase and you will also want to make sure you get a home inspection.

Now that we have established some ground rules for purchasing a house here are some things to may help you decide to stop just thinking about buying a home and actually go do it within the next few months:

  • Reason #1Housing Tax Credit – If the extension of the housing tax credit is approved (which more than likely it will be approved by the end of the week) not only will the provisions of the First Time Homebuyers Tax Credit be extended until the end of April 2010 but it will also be extended in the sense that a reduced credit will now be available to certain existing homeowners.   The new tax credit would consist of a tax credit that is 10% of the house’s purchase price up to $8,000 if they have a sales agreement in hand by April 30 and close title on the house by June 30, 2010.  This credit would be available to first time home buyers of those interested in buying a house that have not owned property in the past three years.  The limit for the household income if single will be $125,000 or $250,000 for a couple.  The next credit is a new incentive to take advantage of the housing tax credit which offers a reduced tax credit of up to $6,500 to certain existing homeowners.
  • Reason #2 – Prices are Low – Because the economy is not stable enough to say it has fully recovered or come close to fully recovering yet housing prices are still low.  In fact, sellers in Staten Island, Brooklyn, Bronx, Manhattan Queens, most areas of New Jersey and nationwide are faced with having to list their houses at a low price and are sometimes forced to lower that price even more to sell their house.   For buyers this is a great thing because they are able to get a house that a few years ago would have cost tens of thousands more than what they are selling for now.
  • Reason #3 – Foreclosures and Short Sales are at Record Highs – Distressed homes accounted for a significant number of houses sold this year.  Distressed homes include foreclosure’s being sold and short sales which usually sell for anywhere between 15 -20% less of market value.  Taking advantage of these types of homes can potentially benefit you as a buyer but buyers should also beware of the possible risks associated with short sales and foreclosures.
  • Reason #4 – Low Mortgage Rates – Rates for mortgages currently run around the 5% APR range for a 30-year fixed mortgage.  This is much lower than previous years and the rate of a mortgage that you are eligible for is a huge factor in deciding factor in whether or not you will purchase a house and how much you are willing to spend on it.  The lowered mortgage rates are a big incentive for many people who are deciding to purchase homes right now.
  • Reason #5 (applicable if you are purchasing a home in New York) – Mortgage Tax Credit – A mortgage tax credit is available if you are purchasing a home in New York City.  The tax credit can be used if you are a first time homebuyer and can be combined with the federal First Time Homebuyers Tax Credit.   If you do a real estate transaction in New York for a New York City home and obtain a new fixed rate mortgage through certain types of loans you will be eligible to receive up to 20% off of your mortgage tax for the entire life of the loan.
  • Reason #6 (applicable if you are purchasing a home in New Jersey) – State Housing Grants – There are many New Jersey state housing grants available to first time home buyers looking to complete a real estate transaction for a New Jersey home.  There are many different types of New Jersey housing grants and the terms to each vary.

 

Buying a Short Sale in New York or New Jersey

In the past couple of years foreclosures have hit a record high and short sales became more popular for homeowners trying to avoid a mortgage default going on their credit report.  Prior to short sales becoming more popular most people did not even know what a short sale is.  A short sale is when a seller can no longer afford their mortgage payments and are risking a mortgage default and the lender agrees to accept funds less than what the mortgage is worth.  Short sales can be a great thing for both the seller and the buyer but it may not be an easy road getting there.

Here is a brief description of the process of a short sale:

  1. Purchaser will want to have an engineers inspection or a home inspection done
  2. Contract of Sale must be signed by the purchaser and the seller
  3. Short sale documents requested by the lender must be submitted by the seller
  4. Lender has to approve the short sale and the price the house is being sold to the buyer for – if the bank does not agree on the price they may request that the sales price be raised or they may not approve the short sale.
  5. Purchaser, as with any other real estate transaction, must get approved for a mortgage if they do not plan on paying cash for the house.
  6. Title must be cleared of any violations and liens.
  7. Closing of title must take place at which time the deed is signed over to the purchaser.

Short sales are great for the seller because they do not have to have a foreclosure listed on their credit report; they are great for the lender because it allows them to not lose as much money on the loan as they would if the house was to be foreclosed on; and they are very attractive to the prospective purchaser because they sell for less than a regular sale would be listed for but they have to opportunity to treat the process as more of a home purchase rather than a foreclosure purchase.  Although this may sound appealing to the potential homebuyer, and may turn out to be a great and well worth experience, there are a few things that the buyer should be aware of regarding the short sale process such as the length of time it may take to get the short sale approved, the risk of putting money out for legal fees, appraisal fees, mortgage application fees and the cost of an engineers inspection report.

A recent announcement by the Treasury Department said that they are looking to approve a widened incentive program for short sales that would entice lenders to be more likely to consider the approval of a short sale instead of allowing the property to be foreclosed on.  If approved, the program, which is part of the Obama Administrations Home Affordable Modification Program, would offer $1,000 to the lender for going through with the short sale, up to $1,000 if there is a second lien holder and would offer the borrow $1,500 towards closing costs.

Here are a few things you may want to consider before purchasing a short sale in New York or New Jersey:

  • Hire an experienced real estate agent.  Hiring an experienced real estate broker for your purchase will help
  • Check public records. You can check the public records for the property to see if there was a foreclosure notice filed yet and to see how many loans the seller has open.
  • Be aware and open minded. If you decide that you are willing to take the chance associated with a short sale purchase be aware that the seller is awaiting bank approval keep and open mind to the fact that the seller may not end up getting approved for the short sale and if they do you could possibly be asked to pay an additional amount of money for the purchase price.
  • Be sure to have a home inspection done. When you are purchasing a short sale you are purchasing the home as is so it is important to have a home inspection (engineers inspection) done to determine if there are any major property defects in the home.
  • Hire a knowledgeable and experienced New Jersey or New York real estate attorney.  Hiring a knowledgeable and experienced real estate attorney is a critical asset to your home buying process, especially if you are purchasing a short sale.  Whether you are purchasing a short sale in Staten Island, Brooklyn, Manhattan, the Bronx, Queens, New York or New Jersey you will want to make sure you select a lawyer who has experience in short sales.