Blog :: 09-2017

Welcome to our blog! Here you will find posts about can't miss properties, local events, and more! Here at Maple and Main Realty we pride ourselves on our knowledge of the Northampton area. Feel free to leave a comment, we would love to hear from you! If you have any questions, don't hesitate to contact us

Potential Pitfalls of Buying a Short Sale

Over the years, I've had a handful of homebuyers ask me about the process of purchasing a short-sale or bank-owned property. In theory, it sounds great! A Northampton area house being sold below market value - what could be better? But, the reality of of purchasing such a property can be rife with potential pitfalls.

I assisted a young couple in the process a couple of years ago. They were interested in a lovely 4 bedroom, 2 bath home with a wrap around porch, garage and private yard in Easthampton, MA - a short sale. The home was empty, we couldn't confirm that the boiler worked, and mold was growing in the basement. Ultimately, my buyers had to back out of the purchase because they needed to sign another year's lease for the apartment they were renting or risk being homeless while the unpredictable closing time frame for the purchase of the short sale unfolded before them. 

I came across this article below from Apartment Therapy  which outlines possible issues that can arise during a short sale purchase.

Thinking About Buying a Short Sale? Read This First

by Tara Mastroeni 9/15/2017

Many buyers, especially first-timers, are enthralled by the prospect of buying a short sale — and it's not hard to see why. Bottom basement sale prices make these transactions seem like a no-brainer. Unfortunately, most of the time, these too-good-to-be-true deals also come with a huge catch.

Before you commit to buying a short sale, read this first. We've outlined a few red flags that you should be aware of prior to taking the plunge. Take the time to consider each of these possibilities and decide if you're prepared to take them on, If so, you can move forward having made an informed decision. If not, then you know that focusing on traditional sales will probably be a better fit for you — one less thing to worry about!

It Could Take a Long Time to Settle

The term "short sale" is misleading. Rather than describing a transaction that can be settled quickly, it actually refers to the fact that a bank has agreed to let the sellers come up "short" on their loan in order to avoid foreclosure. In exchange for this opportunity, the sellers have agreed to give the bank the final say when it comes to accepting an offer. Before the sale can move forward, the offer must go through a lengthy approval process, which can take up to 3 to 6 months, on average.

During the approval process, the bank must first review the sellers' financials — their debts and assets — in comparison to the proposed sale price in order to decide how much of a loss they're willing to take. That documentation must be reviewed by several different departments, which often slows things down significantly. Additionally, if there is more than one loan on the property, each bank will need to make sure that the offer satisfies its needs.

You'll Need to Pay Most of the Transaction Costs

In a normal sale, buyers and sellers have a chance to negotiate who will cover the closing costs, aka the one-time fees associated with the sale that are collected at settlement. (The exact charges will vary, but they can include anything from the cost of inspections to property taxes and title insurance.) Both parties will also negotiate who is responsible for taking care of any necessary repairs on the property.

Since the bank is already taking a loss on the value of the loan in a short sale, it's unlikely that they'll be willing to assume any further costs. Most short sale contracts include a clause where the buyer agrees to take on sole financial responsibility for covering these fees, so if you decide to move forward, be sure that you have enough immediate cash on hand to account for these additional expenses.

You Could Be Held Responsible for the Sellers' Debts

When a debt goes unpaid, a lien or judgment is filed with the court system. Some will follow the individual who's responsible for the debt, while others get attached to a particular property. In a typical sale, a title company or attorney will perform a search to identify these debts and work with the seller to resolve them before settlement.

In a short sale, things may go a bit differently. Depending on the seller's financial situation, these debts may become assumed with the transfer of a deed, meaning that anyone who buys the home will automatically become responsible for their repayment.

Bottom line: Be sure to read all of the paperwork that comes with a short sale carefully before submitting an offer so that you'll be informed of the specifics of that transaction. You should always know exactly what you're agreeing to before signing any legally-binding documents.

Fall Purging Can be Fun!

I love finding a new home for the items that I no longer use. This morning, on my way to take the kids to school, I put my carefully culled boxes of outgrown (by kids) or rarely worn (by me) clothing on our curb to be picked up by the Hartsprings Foundation. This local organization (affiliated with Big Brothers/Big Sisters), circulates all over the Pioneer Valley on an ongoing basis picking up a wide array of household donations for families in need. Another great resource is the ReCenter Swap Shop at the Glendale Road transfer station on Saturdays. This is a great place to get rid of many kinds of unwanted household items that are in durable and working condition. In addition, here is a link to the Northampton MA DPW which provides information about where and when to recycling what. To follow is an interesting companion piece from Apartment Therapy about what to purge, and when.

 

25 Things to Get Rid of This Fall

Brittney Morgan, Sep 10, 2017

A "New England Meets West Coast" Style Home (Image credit: Emily Billings)

Summer's over and fall is here, and that can only mean one thing: it's time to do some major decluttering. (What, you thought that only happened in spring?). The change of seasons is the perfect time to reset by going through your home room-by-room to get rid of all the stuff you didn't use all season, not to mention all the stuff you know won't get much use by winter, either.

To help you get started, here's a list of things you can get rid of ASAP from your closet to your medicine cabinet and beyond.

Wardrobe

  • Swimsuits you didn't wear all season.
  • Summer clothes you didn't wear and the clothes you did wear, but didn't feel good about yourself in.
  • Fall and winter clothes and outerwear you don't feel your best in or don't plan to wear.
  • Sandals and other summer shoes you didn't wear all season.
  • Fall and winter shoes you don't like anymore or don't plan to wear.
  • Clothes, shoes and accessories (including sunglasses) that are damaged if you don't plan to fix them.
  • Socks that you don't have matches for.
  • Inexpensive jewelry you haven't worn in ages.

Beauty Products

  • Makeup that's expired or doesn't match your skin tone.
  • Sunscreen you've been holding onto since last summer.
  • Hair and skincare products that have expired (or that you just haven't used in who knows how long).
  • Old nail polish that's lost its original texture.
  • Your loofah (they definitely don't last as long as you think they do!)
  • Samples and travel-sized products you never use.

Sarah's Small & Stylish Brooklyn Apartment (Image credit: Lauren Kolyn)

Kitchen/Pantry

  • Spices you haven't replaced in a few years.
  • Foods you put in the freezer when summer started.
  • All those extra grocery bags you've set aside.
  • Food storage containers that could use a refresh or that are missing lids.
  • Appliances you haven't used since last fall.
  • Extra kitchen utensils you don't use or need.

Miscellaneous

  • Toys, clothes and shoes your kids will grow out of by next summer.
  • Worn-out beach towels.
  • Old magazines you've read through and through or never got around to all summer.
  • Over-the-counter meds or prescriptions that have expired (make sure you dispose of them properly!)
  • Old, worn-out sheets and bedding.

Feeling good? Let's get going!

Don't Forget to Pay Off Your Previous Mortgage When You Refinance!

I came across this interesting tidbit in the Boston Globe today about refinancing an old mortgage. While this piece does suggest the possibility of impropriety on the behalf of ones' attorney... I prefer to see this as information for the informed consumer; another tool in the took kit; a reminder to cross your t's and dot your i's. 

As realtors, we work closely with Northampton area real estate attorneys towards the end goal of home sales and purchases. We are lucky in that we have a wealth of reputable, experienced and communicative attorneys to recommend to our buyer and seller clients. There is always the possibility of human error in any business transaction. This article just makes a salient point about making sure that your old mortgage is paid off at the time of refinancing. Since the current 30 year fixed rate mortgage at Florence Savings Bank, for instance, is at 3.75% with no points - now may be a good time to think about refinancing!

Ask the Lawyer: Refinancing? Make sure your old mortgage gets closed

   

MG/Fotolia

Hugh J. Fitzpatrick III - Globe Correspondent

August 30, 2017 9:41 am

Although the process of buying, selling, or refinancing a home is somewhat standard, as a real estate lawyer, I’ve had more than a few surprises.

One such case was just brought to my attention. Story: Man owns a property in Massachusetts and has refinanced his loan several times. Unable to tolerate another New England winter, he decides to move South and rent out his house. The house burns to the ground, but no one is hurt, thankfully. While dealing with the insurance company, the owner realizes that his prior mortgages weren’t closed before the new ones were opened.

When you refinance, a lawyer is usually involved in the transactions. If the lawyer is representing the lender, he or she is responsible for paying off the old loan with a part of the proceeds from the new one. The money comes into the lawyer’s trust fund account, then he or she issues a check or wires funds to the old mortgage company to satisfy the outstanding balance on the old loan.

Unfortunately, I’ve heard stories over the years of lawyers misusing client funds, taking in the proceeds from a new loan but not paying off the old. In these Ponzi-like schemes, the lawyer will make the monthly payments so the lender will not start foreclosure proceedings. The homeowners never find out; they just assume the loan has been paid.

How do you prevent this? If you are refinancing a loan with a new company, be sure to do the following:

–  Note the phone number on your monthly mortgage statement;

–  Five days prior to refinancing and getting your new loan, call your old mortgage company/servicer to let it know you will be paying off the balance;

–  Wait at least three days after you are issued your new loan (but no longer than a week), and call your old mortgage company to verify that it has received the payoff. (The lawyer handling the payoff should send the money right after the three-day period has passed.)

–  If a week has passed and the loan has not been closed, call the lawyer’s office and ask for an explanation. Tell the lawyer that you want written verification that the loan has been paid.

–  Keep following up with the old mortgage company to verify that it has received payment.

–  If the lawyer doesn’t do as requested, contact the Massachusetts Board of Bar Overseers (www.massbbo.org).

What happens if a loan isn’t paid off? Homeowners can seek protection if they purchased an owner’s policy of title insurance when they bought the home — with the outstanding mortgage company making a claim against the lender’s insurance policy, which is issued with all mortgages.

Hugh J. Fitzpatrick III is the founding partner of New England Title and Fitzpatrick & Associates PC, a Tewksbury-based law firm specializing in real estate conveyancing. Send your questions and comments to Address@globe.com. Look for our special Fall House Hunt coverage starting Sept. 11.