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Rent it Right
Janet Portman
Inman News
Q: We just rented an apartment in a condominium complex. We chose it because it's accessible for my wife, who uses a wheelchair. We were amazed when the condo owners' association told us that we cannot have a close-in parking spot for our exclusive use. Instead, they're suggesting we use a visitor's spot, which is wheelchair accessible, for pick-up and drop-off, and park permanently in the unit's designated spot. This spot is far away, on a slope, and next to a pillar -- totally unsuited for wheelchair use. Is this legal? --Tom and Sally G. A: If you were renting in an apartment complex, the answer would be a sure and swift "no!" Apartment communities must give disabled tenants close-in parking if they need it in order to live comfortably and safely on the property. This rule will trump any policies to the contrary, such as a "first-come, first-served" approach to allocating parking spots. If giving a disabled tenant a close-in parking spot means that someone else more senior will be delayed, so be it. But your situation is a bit different. The condo you're renting is part of a common-interest development. Typically, residents of these developments own their homes plus an undivided proportional interest (as tenants in common) in the common areas, such as the parking lots and recreation facilities. Condominium associations' master deeds usually provide that the condominium's parking spaces are for the non-exclusive use of unit owners. Your association may think that assigning you an exclusive, dedicated parking space would violate the deed provision and take away from the other tenants' rights to use all of the common areas. If so, this type of change would require a material amendment to the master deed and approval by a specified percentage of the unit owners. All of this is well and good, but for one thing: Even if the condo association is reading the deed correctly, the federal Fair Housing Amendments Act may still trump. The condo association cannot enforce any aspect of the master deed that, on its face or as applied to a particular situation, violates federal law. (Gittleman v. Woodhaven Condominium Ass'n, Inc., 972 F.Supp. 894 (D.N.J. 1997).) This proposition isn't so new -- it was the basis for using civil rights laws to invalidate the "whites only" provisions that used to appear in some master deeds. No matter what the master deed says, you are entitled to a dedicated parking spot by virtue of the superior authority of the federal fair housing law. Q: Our lease tells us that we must professionally steam clean the carpets when we move out. We've lived here for a year, and have been very careful -- in fact, we remove our shoes when inside, and have no pets. I'm sure that with a thorough vacuuming and some spot cleaning, these carpets will be just as clean as when we moved in. Former residents tell us that if we don't hire a company to steam clean them, the landlord will charge us for that and take it out of our deposit. Is this legal? --Amber A. A: Whether your landlord could beat a legal challenge to his cleaning clause depends on how closely your state regulates how landlords can use security deposits. It is unlikely that your legislature has passed laws dealing specifically with steam cleaning (interestingly, Oregon legislators are considering such a bill, Senate Bill 771). But it's highly likely that your lawmakers have described permissible uses for the deposit. If you don't abide by the clause and your landlord uses the deposit to pay for the service, the deposit law will settle the matter. In all states, deposits are meant to cover unpaid rent and damage beyond wear and tear. Some states go further, allowing for necessary cleaning, and some describe how clean the rental must be. For example, in California, the unit must be returned only as clean as it was when the tenancy began (again, taking normal wear and tear into account). This standard is imminently fair, because it incentivizes both landlord and tenant to offer and return a consistently cleaned apartment, whether it's spotless or just broom clean. Neither side is in a position to take advantage of the other. If you live in a state like California, you might find that a judge would look askance at a policy that charged tenants for professional steam cleaning, regardless of the actual condition of the rug. When fastidious tenants occupy a rental for a relatively brief period of time, it's possible that their own efforts (which could involve using a rental steam cleaner from the supermarket) will result in a rug that is as clean as it was when they moved in. I can hear the landlords reply that only the pros can do the kind of deep cleaning made possible by their superior equipment. If the tenant enjoyed this level of cleanliness when he moved in, application of the "clean in, clean out" rule would suggest that he should hire them again before moving out. Perhaps, but this argument begins to look like an argument for using the deposit to cover refurbishing, and deposits are not intended for this. For example, when you move into an apartment that was freshly painted, you don't expect a lease clause telling you that you must repaint if you want a full refund of your deposit. Instead, you know that you should leave the walls unmarked, without holes, and so on. If the landlord decides to paint, to make the unit attractive for the next tenant, that's on his tab. In a word, deposits are not intended for refurbishing or regular maintenance and upkeep. Keep in mind that you must check your state's security deposit statute to learn whether it closely constrains landlords' use of tenants' deposits. If the statute is vague, then this practice, which is widespread, may be legal in your state. Janet Portman is an attorney and managing editor at Nolo. She specializes in landlord/tenant law and is co-author of "Every Landlord's Legal Guide" and "Every Tenant's Legal Guide." She can be reached at janet@inman.com. *** What's your opinion? Leave your comments below or send a letter to the editor. To contact the writer, click the byline at the top of the story. Copyright 2009 Janet Portman
07/02/2009 04:00 AM
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Seven styles handle most do-it-yourself projects
Paul Bianchina
Inman News
"Square." It's a term you hear often in construction, and it simply means to have two adjacent surfaces that are at an exact 90-degree angle to one another. Sounds simple, but having something square is crucial for everything from wall framing and door installation to cabinets and tile. Checking that something is square is done with a tool called, not surprisingly, a square. There are all types of squares available, some with a dedicated purpose and some that will do more than one task around the home or shop. So when shopping for a new square, it pays to have some understanding of the function of some of the more common types. First though, a word about shopping for any type of square. To check a square for accuracy, take any object with at least one straight edge. This could be a piece of plywood, or even a sheet of heavy cardboard. Place one leg of the square against the straight edge of the plywood. Using the other leg of the square as a guide, draw a line on the plywood. Flip the square over so that the same leg is against the same edge of the plywood, but now facing the other direction. Align the other leg of the square against your pencil line, and draw a second line on top of the first. Examine the two lines -- they should be exactly on top of one another. If they aren't, the square is not reading an accurate 90 degrees. As with just about all tools, a higher purchase price is typically reflected in a better-quality tool that is easier to use and will maintain its accuracy for a much longer time. With any type of square, avoid the temptation to save a couple of dollars by buying a plastic version -- metal is much more durable and accurate. TYPES OF SQUARES Here's a look at some of the most common types of squares and their uses: Framing square: Also called a rafter or carpenter's square, this is the basic square for use in rough carpentry. Framing squares have one 16-inch edge called the tongue and one 24-inch-long edge called the body, so it is large enough to check framing layouts. It is also stamped with ruler measurements and a number of tables that are used in the layout of rafter lengths and angles, as well as for such tasks as stair stringer layouts. Framing squares are available in steel, aluminum and brass. Speed Square: This is the trade name for a 12-inch-by-12-inch triangular-shaped aluminum square that is extremely useful for framing and roof-cutting layouts, measuring angles, and marking and checking 90- and 45-degree angles. It also makes a great cutting guide for your circular saw and comes with a comprehensive booklet on roof framing. Combination square: Combination squares have a 12-inch-long removable blade with ruler markings on it, and a sliding head that has one 90-degree and one 45-degree side for checking and marking those two common angles. Since the head slides on the blade, it can also be used for measuring inside dimensions, such as the depth of a drawer. Combination squares are available in steel and a less expensive plastic version of questionable accuracy. Try square: A try square is used for laying out and marking precise 90-degree angles, primarily in woodworking operations. The body of a try square is thicker than the blade, so it rests firmly against the edge of a board and allows the blade to lay flat on the board's surface for greater accuracy. Try squares are available in a variety of sizes and materials, most commonly with a wood body and a steel or brass blade. Try squares are also available with a blade that is fixed at a precise 45-degree angle for checking miters and saw blade adjustments. Machinist's square: This is similar in design and function to a try square, but has an all-steel construction and a smaller size. It is used primarily in metal work and for some types of precision hobby and craft work. T-square: As the name implies, a T-square is T-shaped instead of L-shaped. The head is designed to rest securely along the edge of the material, and the long, ruler-marked blade is stable enough for use as a cutting guide. In construction, T-squares are most commonly used for marking and cutting such things as drywall, cement board, ceiling tiles and other materials. The most common T-squares are made from aluminum, with a few lower-priced plastic versions available as well. Layout square: Layout squares are the largest of the squares, often measuring 3 feet and 4 feet on the sides and made from top-quality aluminum. They are used for the layout of such things as tile installations, and are typically triangular in shape to provide the long sides with stability and accuracy. Most also fold up for easier transport and storage. Remodeling and repair questions? E-mail Paul at paulbianchina@inman.com. *** What's your opinion? Leave your comments below or send a letter to the editor. To contact the writer, click the byline at the top of the story.
07/02/2009 06:55 PM
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5 steps to restoring surface
Bill and Kevin Burnett
Inman News
Q: I used hot water to remove old wallpaper in a bedroom, which caused "bubbling" or blistering of the drywall. Apparently, I used too much moisture and seem to have lifted the texture on the drywall. Do I scrape it and apply new texture and if so, what is the best method? It is affecting only parts of two walls in the bedroom and would not involve the whole walls, just areas. What is the best method to go about this? A: Making holes in walls while removing wallpaper is part of the job. Getting the wallpaper off is only the beginning, as you're about to find out. You're right; wetting the walls caused the bubbling. The paper "skin" of the drywall became saturated and released from the gypsum core. The fix will take some work, but it's relatively simple. Before even thinking about tackling the bubbles, make sure the wallpaper paste residue is off the walls. A good sponge-washing with TSP (trisodium phosphate) will take care of this. For stubborn particles use a Scotch-Brite pad. Mix the TSP with water according to package directions. Use a sponge to wash the walls and remove the paste residue. Once the paste is all off, rinse the wall with clean water. Scrape off the bubbles with a 4-inch drywall knife. Try not to gouge the walls, but make sure to get all the loose material off. Then it's time to patch. We like to use a fast-setting joint compound like Durabond 45. It allows you to work at a steady pace but doesn't hold up progress waiting for the mud to dry. Durabond 45 is a powder that is mixed with water and sets hard in about 45 minutes. Mix only enough material that you can comfortably apply in 15 to 20 minutes. Any more time and the mud starts to harden and is tough to work. Patch the holes using a 4-inch drywall knife. Smooth it as best you can, but don't work it too much. Sand the patches smooth between coats with 150-grit sandpaper. It will probably take a couple of coats to complete the job. With the wall sanded smooth, it's ready for the finish of your choice: smooth wall; texture; or more wallpaper. Q: Your column about removing vintage wallpaper was great -- very detailed and specific. I have a different wallpaper question. One of our bathrooms has painted walls (latex enamel) with quite a bit of texture. I would like to wallpaper that room using striped paper and I think that would look messy over textured walls. What should I do? A: Do not paper over the texture. The walls will look like they have bad case of acne. The answer is to make the bumpy walls flat by applying a skim coat of joint compound over the entire wall. The good news is that it's definitely a do-it-yourself job and not that tough to do. It brings up a blast from our past. When Mom was newly widowed, she moved from the family home to a condo. We've mentioned from time to time that our dad was a master plasterer. All the walls in that house were smooth plaster of the highest quality. Many of the walls were wallpapered. Mom wanted wallpaper on the textured walls in her bedroom. She hired a local painting contractor to come in and skim coat over the texture to smooth out the walls. He then primed the wall, sized it and wallpapered. We didn't care much for her paper selection, but he did a good job. It looked good and it lasted. The first step is to lightly sand the wall to cut down the gloss of the paint and provide some "tooth" to the surface. Skim coating is pretty easy. Use regular premixed joint compound. Thin it with water until it's the consistency of honey. It will spread smoothly and easily. Apply the joint compound over the entire wall with a broad knife -- 8 inches or more. Let it dry and sand it with 150-grit sandpaper. Repeat the process. It will probably take three coats of mud to get the wall perfectly smooth and ready for primer and wallpaper. *** What's your opinion? Leave your comments below or send a letter to the editor. To contact the writer, click the byline at the top of the story. Copyright 2009 Bill and Kevin Burnett
07/01/2009 11:47 AM
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Law of the Land
Tara-Nicholle Nelson
Inman News
In 2003, Kristine Hennessy noticed that the stucco on her property, a commercial building, had separated from the building's wall. In 2005, the remaining stucco on the building had virtually no adhesion remaining to the building's concrete walls, except on the 20 percent of the building where the underlying wall was concrete masonry blocks. Hennessy removed and replaced the damaged stucco and filed a claim with the insurance company, Mutual of Enumclaw, which later denied the claim. In the trial of Hennessy v. Mutual of Enumclaw, a judgment was entered for Hennessy, awarding her more than $98,000 for the costs of removing the stucco and installing a new exterior. The appeals court affirmed the trial court's judgment, but only up to the $2,469 in damages that was incurred by the 2003 stucco replacement. The terms of Hennessy's insurance policy excluded loss or damage due to collapse except in cases where the owner could prove "(1) a specified condition, such as hidden decay, (2) caused 'collapse' of a building or part of a building, and (3) the collapse resulted in direct physical loss or damage to covered property." Because the policy itself failed to define what constitutes a "collapse," the court applied the plain, dictionary definitions of the word and found that the stucco descended or dropped involuntarily and under the force of gravity in 2003, and was not required to completely and totally fall down. Accordingly, the 2003 stucco damage was covered under the insurance policy. However, in 2005, while Hennessy and the insurer agreed that removal and replacement of the remaining stucco on the building was prudent, due to the underlying decay and separation from the building's walls, the stucco had not yet "moved or fallen." Accordingly, Hennessy had presented no evidence to show that the damage was caused by collapse, the appeals court found, and the trial court had erred in awarding the remaining damages. Tara-Nicholle Nelson is author of "The Savvy Woman's Homebuying Handbook" and "Trillion Dollar Women: Use Your Power to Make Buying and Remodeling Decisions." Ask her a real estate question online or visit her Web site, www.rethinkrealestate.com. *** What's your opinion? Leave your comments below or send a letter to the editor. To contact the writer, click the byline at the top of the story. Copyright 2009 Tara-Nicholle Nelson
07/01/2009 01:08 PM
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Sellers get surprise as home languishes on market
Tom Kelly
Inman News
Homebuyers are finding tougher guidelines and higher premiums from insurance carriers, and there certainly aren't any bargains for sellers who need to move or would simply like a change of scenery. In a recent case, owners decided to sell a three-bedroom, three-bath primary residence and move into a nearby rental property they owned that better fit their needs. The primary residence, on a gorgeous acre with wonderful landscaping and a couple of ponds, demanded more time and maintenance than the owners had to give. "We put it on the market in February and the place still hasn't sold," said Pat Hanrahan, who admits not all families are devoted gardeners with the time and interest to maintain such a place. "We were just going to continue to leave it vacant and try to sell it, until we found out how much it would cost to insure the place." The Hanrahans had an excellent relationship with their insurance carrier and had a flawless history with the two homes, two cars and a boat. However, because the primary residence was now unoccupied, vacant and for sale, the insurance premium had jumped to nearly eight times the normal rate. "The premium for the previous year was $528, and the least expensive insurance that we could (find) once it was vacant was $4,000 a year," Pat said. "I couldn't believe it, but a friend told me he had the same experience with a home in his family." Insurance companies simply do not want to deal with unoccupied, vacant and for-sale homes. Their history charts show that these places stand a much greater risk of vandalism than an occupied home, and problems occur that are created by neglect. A slow leak in a cold, unoccupied home has a greater chance of resulting in burst pipes and subsequent dry rot than in a home that's lived in every day. So, what's the insurance grace period when selling a home? If an employee is forced to relocate with little notice, put his wife, family and belongings in a moving van and go, how long will the vacant home be covered? Many insurance companies will give 60 days for a transitional "vacant" period as long as the premiums are paid. (Some states require that insurance carriers give 45 days' notice when coverage is canceled midterm. A 30-day advance is generally given for renewal notices, but companies often allow 60 days to make up for mail time and weekends.) According to a cursory survey of insurance agents, coverage on homes, apartments and condominiums has not returned significant profits to the insurance industry for the past 20 years. Claims that have been paid for earthquake, hurricanes, flood and fires in the western United States really have taken their toll. Some traditional, major carriers have even adopted a moratorium on "substandard" or higher-risk insurance. Unoccupied, vacant and for-sale homes have slid into this category. Special niche companies that continue to write substandard policies often impose a monthly quota on the number of cases they will consider. Why are insurance premiums so high? Insurance agents and carriers point to the numbers -- claims filed involving mold, lead-based paint, asbestos, radon and urea formaldehyde are up significantly. While all of these environmental hazards have caused terrible losses, other industry costs -- all passed on to the consumer -- involve cases compounded by expensive legal proceedings where neither side receives any real benefit. For example, a recent case involved a renter who died in a house fire. The fire marshal determined the cause of the fire was the renter's smoking in bed. The renter's family filed suit against the seller's $500,000 liability policy, claiming the smoke alarms were not working properly. The Hanrahans had heard all the reasons for skyrocketing coverages, but they still couldn't believe the cost to insure the home they still wanted to sell. "I even thought of moving some furniture back in and bringing in my sleeping bag," Hanrahan said. "But we decided to get a renter and give him a greatly reduced price. He'll have his stuff in there and make sure the real estate agents have access to show it." The Hanrahans said that the renters won't have to pay market rent and they'll save a ton on the insurance premiums because it's occupied. *** What's your opinion? Leave your comments below or send a letter to the editor. To contact the writer, click the byline at the top of the story.
07/01/2009 12:37 PM
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How to effectively remove residue from pipes
Barry Stone
Inman News
DEAR BARRY: We just purchased a home and hired a home inspector before closing. He reported no problems with the whirlpool bathtub. But the first time we turned it on, the bath water became filled with black specks. There is some kind of mold or mildew in the pipes, and we haven't been able to remove all of it, not even with bleach. When we called our home inspector, he said that he checks only the working ability of the tub jets and nothing else. If he checked the jets, he must have filled the tub, so how could he have missed the problem? --Annie DEAR ANNIE: The mold or mildew problem in your whirlpool tub is a common one because the pipes in most whirlpool tubs do not drain very well. When the tub is emptied, water remains in the pipes and becomes stagnant. When this foul brew evaporates, a black residue is left in the lines. Then, when the tub is filled again, the crud is loosened by the water flow, and black particles are washed into the bath water. Your question about the home inspection procedures makes sense. If the inspector operated the jets, then he must have filled the tub with water. If so, then black particles must have entered the tub, and this should have been mentioned in the report. It seems fair to ask the inspector this question. A reliable method for cleaning contaminated whirlpool lines is as follows: Fill the tub with hot water, add two cups of dishwasher detergent, and run the system for at least half an hour. Then drain the tub and rinse with a second tub of hot water. In most cases, this effectively removes the residue from the pipes. DEAR BARRY: We recently bought a house that needs a lot of work. When we started to repair the kitchen, we discovered a lot of mold under the sink. The estimated cost to eliminate the mold is nearly $10,000. Do we have any recourse against the seller or home inspector? --Jaime DEAR JAIME: The liability of the sellers and of the home inspector depends on whether the mold was visible and accessible. If it could be readily seen, then the seller should have disclosed it, and the home inspector should have reported it. However, the area below the sink may have been full of clutter, preventing a full inspection. A common disclaimer offered by home inspectors in these situations is that mold is not within the scope of a home inspection. That claim is true. But water stains and visible evidence of water damage is totally within the scope of a home inspection and such conditions should be reported. The home inspector does not need to specify the presence of mold, but evidence of water damage needs to be included in an inspection report. In order to hold a home inspector liable, you must let him see the problem before you repair it. Once the evidence is eliminated, it is difficult to make a claim against a home inspector. To write to Barry Stone, please visit him on the Web at www.housedetective.com. *** What's your opinion? Leave your comments below or send a letter to the editor. To contact the writer, click the byline at the top of the story. Copyright 2009 Barry Stone
06/30/2009 10:57 AM
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When the lender says no, look elsewhere
Bernice Ross
Inman News
Despite all the information in the press about a thaw in the availability of mortgages, many highly qualified borrowers are still having a difficult time obtaining financing. This is especially true if you own a more expensive home. What can you do when either you or your house is not a good fit for "traditional" financing? Because of the tight credit market, a host of new alternatives to traditional financing are starting to emerge. If you are having trouble locating the right loan for your situation, here are just a few of the resources to consider: 1. Credit unions
Unlike banks and mortgage companies that sell their loans on the secondary money market, many credit unions actually keep the loans they make in their own portfolio. (The secondary money market purchases bundles of loans from lenders. These loans must meet specific guidelines such as those set by FHA, Freddie Mac and/or Fannie Mae. Once the primary lender sells the loan, the lender is now in the position to make another loan to a new borrower.) If the credit union does not sell the loan on the secondary money market, they can set their own loan requirements. 2. Seller financing
Did you know that approximately one-third of all property owners in the United States own their property free and clear? Given the low rate of interest being paid for savings accounts and for government securities such as T-bills, an increasing number of sellers are electing to carry part or all of the financing on their sale. This can be a win-win for both the buyer and the seller. 3. Private financing
"Hard money" loans have been around for years. For example, you might have a first mortgage for $80,000 and a second mortgage that you took out for $150,000 to do a major remodel. Your house is now worth $500,000 with only $230,000 of loans. You would like a third loan of $75,000 on your home to help your mother receive the long-term medical care she needs. In this scenario you have three different options. Your first option would be to apply for a cash-out refinance from a traditional lender. Most traditional lenders, however, are unwilling to make third mortgages, even though you may be highly qualified. A second approach would be to apply for a new first loan on the property for $305,000. A different alternative is to seek a private source to obtain a loan. These loans are called "hard money" loans as differentiated from "purchase money" (loans placed on the property at the time of purchase) or "refinance" loans (loans generally made through a traditional lender where the lender pays off the existing loans and replaces them with a new first or second mortgage). "Hard money" is more likely to be from a private lender. Because these loans are much riskier, the interest rates and the fees are usually higher than they would be for more traditional financing. In virtually every case, it's better if you can qualify through a traditional lender as opposed to obtaining a "hard money" loan. 4. Private investment group for jumbo short sales
The mortgage crisis has hit owners of expensive properties especially hard. The situation for those facing a short sale on their property is exceedingly difficult. Jumbo loans are difficult to obtain. A new, well-funded group of investment specialists has put together a new program to help owners with mortgages greater than $750,000 and where the owner owes more than the property is worth. Their goal is to help these owners out of their current situation with as much of their credit and dignity intact. For properties that qualify, the investment group goes to the mortgage holder and negotiates a short sale. The investment group is the buyer. Because the group may have multiple loans from the same lender, they have much better leverage than a single individual in getting the short sale approved. If you have decent credit, you do have options. Review each choice carefully, discuss the tax consequences with your CPA or tax attorney, and then make the best decision for your personal situation. 5. Online resources
Zillow.com offers and online mortgage tool allows you to shop anonymously for both conforming and jumbo loans. Users can enter a loan amount, the property location, and a credit score (if you don't know it, the site provides a link to determine your credit score). The system then sends your request to their 4,500 members. This approach provides an apples-to-apples comparison in terms of interest rates and loan fees. The fees you see quoted are the fees you will pay. Each lender can also see bids made by other lenders. As the buyer, you decide which lender you want to contact. It's important to note that if you don't have great credit, you may not receive any bids. Bernice Ross, CEO of RealEstateCoach.com, is a national speaker, trainer and author of "Real Estate Dough: Your Recipe for Real Estate Success" and other books. You can reach her at Bernice@RealEstateCoach.com. *** What's your opinion? Leave your comments below or send a letter to the editor. To contact the writer, click the byline at the top of the story. Copyright 2009 RealEstateCoach.com
06/30/2009 11:50 AM
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Book Review: 'Nextville: Amazing Places to Live Your Life'
Tara-Nicholle Nelson
Inman News
Book Review
Title: 'Nextville: Amazing Places to Live Your Life'
Author: Barbara Corcoran
Publisher: Springboard Press, 2008; 272 pages; $24.95 list ($18.24 on Amazon.com) As one of the few other real estate broker/writers on the scene, I've consumed much of what Barbara Corcoran has written since I laid eyes on the mere title of her first book, "If You Don't Have Big Breasts, Put Ribbons on Your Pigtails" (Portfolio Trade, 2003), full of the homespun wisdom she used to create one of the country's most profitable real estate firms (located, counterintuitively perhaps, in New York City). Years before she became the "Today" show's resident real estate guru, Corcoran grew to believe that the "real measure of (her) success … was (her) innate ability to match up the right person with the right place based on his or her unique needs and personality." While I can think of a dozen other matrices on which she's batting 1000, if Corcoran sees her people-with-place matchmaking skills as her true "raison d'etre" (French for "reason for existence"), she has outdone herself with her latest book, "Nextville: Amazing Places to Live Your Life." "Nextville" is truly a next-generation guide for what we used to call "retirees" -- the folks Corcoran recasts, by contrast, as people graduating to the next phase and place of their lives -- to figure out how they want to live going forward and, then, how to find the city or town that provides the perfect backdrop for that desired lifestyle. What stands out instantly about this book, as opposed to other real estate materials for boomers and beyond, is the lack of "cheeseballishness," for lack of a better term, and the respect for the Internet skills, investment savvy and diverse lifestyles that "graduates" possess. Corcoran's premise is that because a down market, like the current market, is the best time to buy real estate, this is the perfect time for those looking to retire or otherwise change their lifestyles to prepare by cultivating clarity on their life vision going forward and then taking advantage of great real estate prices now, even if the plan is to move in a number of years. As such, Corcoran goes on to offer a lifestyle quiz to help readers figure out their lifestyle priorities, relevant to selecting a place to live "happily ever after" -- the queries ferret out whether the reader's next life step will focus on pursuing passions, living green, living young, reinvention ("losing yourself"), finding your purpose, or several other values that resonate with the dreams voiced by my 50-and-older clients, friends, relatives and colleagues. Refreshingly, Corcoran does not at all assume that the singular purpose of all retirees-to-be is to take it easy; rather, the opposite, she advises readers to "think outside the hammock." Then, Corcoran goes on to provide real estate and investment advice for her "graduate readers" that are likely to make for both sound investment and sound lifestyle design decision-making, with nuggets like "don't buy in an area filled with old people." In the remainder of the book, Corcoran details her research on various cities (and even foreign countries) that she argues provide an affordable backdrop for various lifestyles. And I mean details. From "A Great Place to Open A Bed-and-Breakfast (But They Won't Let You Open A McDonald's)" -- Saugatuck, Mich. -- to great communities for 50-and-older gays and lesbians (Santa Fe, N.M.), to great green communities and places to live young, nationwide by region, I found it amazing that Corcoran could cover such a broad range of places and interests in such a relatively quick and fun read. And, FYI, the back of the book is complete with tables and appendices that organize the cities and countries by region, and include vital statistics such as weather and home-price data. Finally and helpfully, Corcoran concludes "Nextville" with characteristically witty and thought-provoking questions and rules to launch the action-ready reader into the quest for their own personal "Nextville." Though it is designed primarily for mature people ready to find the geography and real estate environs for their retirement, I found "Nextville" to be an entertaining, energetic and energy-inspiring entrée for anyone of any age who is looking to realize lifestyle transformation in their next phase of life. Tara-Nicholle Nelson is author of "The Savvy Woman's Homebuying Handbook" and "Trillion Dollar Women: Use Your Power to Make Buying and Remodeling Decisions." Ask her a real estate question online or visit her Web site, www.rethinkrealestate.com. *** What's your opinion? Leave your comments below or send a letter to the editor. To contact the writer, click the byline at the top of the story. Copyright 2009 Tara-Nicholle Nelson
06/30/2009 01:27 PM
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Some say extra payments trump refi to lower rate
Jack Guttentag
Inman News
Some of the most difficult questions I receive from readers concern the relationship between making extra payments and refinancing. I have never been very happy with my answers, and recently took a harder look at how making extra payments and refinancing are related. The hope was that if I understood it better, I could answer the questions better. This article reflects my current understanding, followed by new answers to some common questions. Extra-payment decisions and refinance decisions should be made independently because they are based on very different factors. Yet each may affect the other, which is why it is easy to become confused. The extra-payment decision is best viewed as an investment decision. The funds used for extra payments could be invested in CDs or bonds where they would earn the return being paid on those assets. Instead, they are invested in reduced mortgage debt, on which they earn a return equal to the mortgage rate. What mortgage rate? The rate the borrower would have paid on the balance they pay off, which is their current mortgage rate. In principle, if they anticipate that they will refinance to a lower rate, then that lower rate is the one that will be earned on the extra payments, but that won't apply until after the refinance, when the extra-payment decision could be reconsidered. It is very doubtful, however, that a rate-lowering refinance induces many borrowers who have been making extra payments to reduce them. The principal motivation for making extra payments seems to be to get out of debt faster, and the refinance won't change that. Borrowers refinance for several reasons: to reduce the rate; reduce payments; reduce risk of future rate increases; and to raise cash. Only rate-reduction refinances may be affected by extra payments. The decision to refinance in order to reduce rates involves a judgment that the savings from the rate reduction, over the period the borrower holds the new loan, will more than cover the refinance costs. The three most important factors in this judgment are the size of the rate reduction, the refinance costs as a percent of the balance, and the life of the new loan. Calculator 3c on my Web site pulls these and other factors together to generate an answer. How can extra payments affect the refinance decision? Those made in the past don't figure directly in current decisions. However, past payments have reduced the loan balance, which reduced the benefit from a subsequent refinance. As balances become smaller, the benefit from refinancing shrinks and at some point disappears. Indeed, few lenders are interested in refinancing loan balances of less than $50,000. Extra payments that borrowers expect to make in the future should be factored directly into the refinance decision process. Extra payments reduce the expected life of the loan, which (other things the same) reduces the benefit from the refinance. In using the refinance calculator, you should shorten the term of the new mortgage. If you plan to refinance into a 30-year loan, for example, but extra payments would result in payoff in 20 years, you should use 20 years as the term. Here are three questions I receive quite often: "I have been making extra payments on my mortgage consistently. If I expect to refinance in the near future, should I continue with the extra payments?" There is no reason not to. The benefit from the extra payments you are currently making, consisting of the balance reduction, is not affected by a subsequent refinance. After the refinance, the return on additional extra payments will be lower because of the rate reduction. This might cause you to reduce the payments, but probably won't for reasons indicated earlier. "I am trying to decide whether to refinance into a lower rate or pay off my entire loan balance …" These should not be viewed as alternatives. Make the investment decision first, based on the rate expected in a refinance. If it is a good investment at that rate, do it. If the investment decision is negative, then assess the profitability of a refinance. "Am I better off making extra payments on my existing loan or refinancing it?" These should not be viewed as alternatives. Make the refinance decision first; if it pays to refinance, do it. Consider whether you want to make extra payments after you refinance or if you don't refinance. The writer is professor of finance emeritus at the Wharton School of the University of Pennsylvania. Comments and questions can be left at www.mtgprofessor.com. *** What's your opinion? Leave your comments below or send a letter to the editor. To contact the writer, click the byline at the top of the story. Copyright 2009 Jack Guttentag
06/29/2009 04:00 AM
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When closing gets delayed, flexibility is key
Dian Hymer
Inman News
There are many frustrating aspects associated with buying or selling a home today. One is that contract contingencies -- such as inspections, financing or the sale of another property -- often aren't removed on time. It's not uncommon for closings to be delayed, usually due to the buyer's lender. Your purchase contract should include a provision to deal with deadlines that are not met on time. For example, in the home purchase contract used by many Realtors in California, sellers can give buyers a 24-hour notice to perform. If the buyers don't meet this deadline, the sellers can cancel the contract. This notice can't be delivered earlier than 24 hours before the contingency is due. You might want to issue a 24-hour notice, or some similar remedy included in your contract, if you're in contract with buyers who don't remove their inspection contingency on time and have made no effort to line up inspectors, especially if the buyers' agent thinks her clients are flaky. If your contact doesn't provide for a simple remedy for missed deadlines, consult with a knowledgeable real estate attorney. In most cases where buyers can't remove contingencies on time but they're serious about moving forward, there's just a glitch that needs to be addressed. A seller wouldn't want to jeopardize the deal by invoking a demand to perform if there's a good chance the delay is just that. Recently buyers who were applying for a jumbo mortgage hit a roadblock when the house didn't appraise for the purchase price. The loan and appraisal contingencies were due 14 days from acceptance -- a near impossible time frame in the current lending environment. The buyers were committed to buying the house, and the sellers were committed to selling to these buyers. The buyers requested an extension of time for the loan and appraisal contingencies; the sellers agreed. HOUSE HUNTING TIP: At the first indication there could be a delay in a contingency removal or closing, your agent should let the other agent know so that it doesn't come as a surprise. Your agent should be as specific as possible about the situation, without violating your privacy rights. If it turns out that there will be a delay, make a written request for an extension so that there is no question about whether or not the contract is intact. Some residential purchase contracts include a passive form of contingency removal. In this case, if the contingency is being removed, the party removing the contingency does not need to do so in writing. However, the preferred method for contingency removal is the active form where the party removing the contingency gives written notice that the contingency is lifted from the contract. This avoids any ambiguity as to whether or not a contingency has been satisfied. Sometimes a contingency or closing is missed by a day. In this case, a written request for extension might not be made because the delay occurs at the last minute. For example, a final, unanticipated condition of loan approval required one buyer to prove that her Social Security number was, in fact, her Social Security number. The buyer, a busy doctor, had to take off work and go to the local Social Security office to get the documentation the lender required. The loan contingency was removed a day late. But the escrow closed on time. THE CLOSING: Patience and flexibility are a necessary part of getting through current home-sale transactions. However, if a delay is going to be more than one day, it should be agreed to in writing. Oral agreements are not binding. Dian Hymer is a nationally syndicated real estate columnist and author of "House Hunting, The Take-Along Workbook for Home Buyers" and "Starting Out, The Complete Home Buyer's Guide," Chronicle Books. *** What's your opinion? Leave your comments below or send a letter to the editor. To contact the writer, click the byline at the top of the story. Copyright 2009 Dian Hymer
06/29/2009 10:28 AM
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