Category Archives: Buying

Know Your CDDs

CDD sur ardoiseA CDD is a Community Development District assessment. Tunities vihe CDD allows a developer to finance building costs for comma municipal bonds. It is technically a loan to build the infrastructure of the development. The bonds pay for roads and utilities, in addition to amenities such as clubhouses, pools, and tennis courts.

CDD fees are the repayment for the bonds and are usually repaid over the course of 30 years by the homeowner through their property tax bill. Although CDD fees are collected on the tax collector bill, CDD fees are not a tax, but an assessment similar to an HOA. The cost of the bond is apportioned to the size of each home site.

CDD fees are not a tax, and they are billed differently from annual taxes. While property taxes are paid in arrears, Jan- Dec; CDD fees are paid in advance and run Oct 1-Sept 30th.

A HUD Closing – Not Your Normal Closing Process

HUD-HEADER-opensansAre you working with a buyer who is looking at purchasing a HUD owned property?

If so, there are some important considerations to keep in mind as you work your way to the closing table. Regardless of what the contract may or may not say, HUD has its own rules that everyone has to follow.

Here are the top-3 HUD-specific requirements that cause the most confusion during the closing process:
– HUD requires 5 full business days before closing to review all documents for approval. Expect HUD to utilize the entire 5 days before making changes to the ALTA Settlement Statement or issuing approval. They will not make exceptions. Even as we notify the buyer’s lender at the beginning of the process of HUD’s guidance timeline requirements, lenders without regular experience with HUD closings may have trouble meeting tight timelines.
– HUD does not pay any of the closing costs. Even if they are your typical customary seller costs, HUD expects the buyer to pay. They will only pay any outstanding taxes, HOA dues and prorations. From time to time they may issue a seller concession, depending on the nature of the contract.
– HUD does not allow last minute changes to the contract, even something as simple as a buyer’s address, or changing their name to read on the deed such as a middle initial, etc. It either has to stay as written or there is a process that has to be followed to make this change. Last minute changes almost always result in closing delays up to a week, sometime more.

Remember, even if you are experienced with HUD purchases, your customer may not. Early on in the process, make sure they and their lender fully understand the unique requirements of a HUD purchase.

You can get a PDF of this title tip here.

New FIRPTA Rules

As a result of the “PATH Act,” there were changes on withholding under Foreign Investor in Real Property Tax Act (FIRPTA) that went in to effect for transactions closing on and after February 16.

Summary of changes to withholding:
1. Increase to 15%: Unless an exemption or reduced rate applies, the withholding amount has
been increased from ten percent (10%) to fifteen percent (15%) of the sales price.2
2. Personal Residence Exemption: If both of the following conditions are met:
a. the buyer is acquiring property that will be used as the buyer’s residence, and
b. the sales price is $300,000 or less, then the buyer may elect to waive withholding under Section 1445(b)(5) of the Tax Code. This exemption and the requirements for same are unchanged from the current law.
3. Reduced Rate of Withholding: If both of the following conditions are met:
a. the buyer is acquiring property that will be used as the buyer’s residence, and
b. the sales price is greater than $300,000, but not more than $1,000,000, then the buyer may elect to withhold a reduced withholding amount equal to ten percent (10%) of the sales price rather than the unreduced rate of fifteen percent (15%).

This graph should help:
NewFIRPTA

The responsibility and liability to the IRS with respect to FIRPTA withholding rest with the buyer – not the settlement agent or the transferor. As such, the buyer is not required to make this election, even if the facts may support an exemption or reduced rate.

Neither the exemption nor the reduced rate automatically applies. Instead, if the buyer opts to invoke the exemption or reduced rate, the buyer must make an affirmative election to do so.

In order to qualify for the exemption or the reduced rate, the buyer or a member of the buyer’s family must reside at the property for at least 50% of the number of days the property is occupied by any person during each of the two 12‐month periods following the date of closing. If the buyer fails to meet the occupancy requirements, the buyer may become liable to the IRS for the difference between the amount that was actually withheld, if any, and the amount that should have been withheld, plus interest and penalties.

To ensure proper documentation, the buyer will need to supply specific written direction to waive the withholding or withhold the reduced rate. We’ll help you through that process.

You can get a PDF of this Title Tip here.

Is your seller a foreign person?

Protect-Your-MoneyLast week we covered what to keep top of mind if you have a buyer who is a foreign person. What do you need to keep in mind if the seller is a foreign person? For starters, it isn’t just the listing agent and seller that need to do their homework – the buyer needs to sit up and make sure things are done correctly.

If the seller is a foreign person, the sale of that property is subject to the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) income tax withholding. It is the responsibility of the purchaser (buyer) of property from foreign persons to make sure that 10% of the total amount realized by the seller of the property is withheld for income tax purposes. Generally speaking, that 10% is based on the amount the buyer is paying for the property.

It is the responsibility of the buyer to determine if the seller is a foreign person. If the seller is a foreign person and the buyer fails to ensure that the 10% is withheld, then the buyer may be held liable for the tax.

There are some finer details on the requirements for foreign persons, and there may be additional rules that apply to corporations, trusts, estates, and REITs. Refer to the Internal Revenue Code, section 1445. For rules that apply to partnerships, consult IRS Publication 515.

You can get a PDF of this Title Tip here.

No Worries if you Plan Right for the International Buyer

shutterstock_63443032 [Converted]Do you have a non-USA citizen buyer? No worries, there are just a couple of things you need to keep in mind to make sure the transaction goes as smooth as any other transaction.

The first concern many agents who are new to working with international buyers have, is something in the back of their head is telling them to think about FIRPTA, the Foreign Investment in Real Property Tax Act of 1980. No reason to be concerned with FIRPTA if you are working with the buyer. If you are working with the seller, then there are some things to keep in mind, but that is another Title Tip for another day.

There are two items that are a must for your international buyer to have a successful closing. The first is the easiest, identification.

The passport they are issued by their nation is all they need for identification at the closing table. If it is good enough for Uncle Sam, it is good enough for everyone else. The second part is a bit trickier, the purchase money.

In order to be good for a closing, it has to be United States Dollars. If they are bringing a certified check, it needs to be from a USA banking institution. If you have questions or are unsure, ask us if the bank your buyer is using qualifies. If your buyer is planning to wire funds, there is one more planning consideration.

If you have an incoming wire from a foreign bank overseas, make sure you ask us for our “International Wiring Instructions,” – it is a different form than our normal wiring instructions. More importantly, you have to keep in mind that unlike wire transfers coming from inside the United States, international wires can take from 3 to 7 working days before they are available for closing, depending on which nation and institutions they are coming from and through. Hope for 3; plan for 7 working days minimum prior to closing for your buyer to initiate the incoming wire.

As with all issues related to your closing, if you are not completely sure about something, give us a call and take that worry off your back.

You can get a PDF of this Title Tip here.

Understanding Closing Costs: HUD Block 1100 “Title Charges”

apples_and_oranges-408x198One of the biggest mistakes people make when trying to figure out Title/Settlement related closing costs is to just ask, “What is your Settlement Fee?” That only tells a small part of the story in line 1102 of the HUD, and more often than not gives a false impression what the actual closing costs are. It provides about as accurate of a picture of closing costs as driving by a home gives a potential homebuyer an idea of its interior condition.

As Owner’s Title Insurance on line 1103 is at a rate promulgated by the State of FL, you need to look further to find variable costs that may be charged to the buyer or seller. Most of your major cost differences can be found in line 1101, “Title Services and Lenders Title Insurance.”

Each HUD is different, but in broad terms line 1101 is the sum of two parts; first the “Lenders Title Policy…”, line 1104, that rolls up your Lender’s Policy (Simultaneous Issue), FL Form 9, and various endorsements. Second are the “Other title fees and reimbursements” that you often won’t see broken out item by item. You usually can figure that out as a group by subtracting line 1104 from line 1101.

Make sure that each cost is clearly explained, as what are seen as buyer and seller costs can vary depending on county convention and terms of the contract. We itemize all our charges on our HUDs to make it easy for you to explain to your customers. Not everyone itemizes charges, but we can help you figure it out. Draft HUDs are great – but are even better when they provide item-by-item specifics. If you have a “value shopper” who wants to look around, we’ll be happy to show them a side-by-side comparison with our costs.

Remember, if you are trying to figure out what the block 1100 Title charges are, in addition to getting the promulgated Owners Title quote, make sure and ask:
1. What is your settlement or closing fee in line 1102? Do you charge the buyer and the seller?
2. What do you charge for simultaneous issue of the loan policy (if not a cash purchase)?
3. How much do you charge for each endorsement?
4. What other fees and reimbursements do you charge in the 1100 block, by item, which are not included in line 1102 and 1104 as covered in questions #1-3?

The last two HUD to HUD comparisons we’ve done – our total Block 1100 Title Charges were $400 and $112.50 less than two of our competitors.

Especially when buyers are offering to pay some of the seller’s closing costs (usually including some to all of the Owner’s Title Insurance) buyers cannot be required to use any specific settlement services provider. To make sure you have the most transparent closing process possible, make sure you specify in the contract, preferably using the “Additional Terms and Conditions” section in lines 409-418, that “Settlement Services and Title Insurance to be provided by Watson Title Services of N FL Inc.”

You can get the PDF for this Title Tip here.

VA Foreclosures and the Quit Claim Deed

va foreclosed homes_05-05-2011Under normal conditions, you don’t want to close a property with just a Quit Claim deed, but there is an exception to this that has evolved over the last year.

Our underwriter will make an exception for VA foreclosures who are transferring with only a Quit Claim deed.

Buyers and their agents may be concerned that with a Quit Claim deed, that they may be taking on additional liability. As long as they have Owner’s Title Insurance, they should have no concerns, as the the underwriter will cover them the same as they would over other deeds.

One thing to keep in mind with all these foreclosures, though technically they are being sold by VA, it will take time for them to get the deed through the lending bank, to the VA, and then to the new buyer. This can extend the time to finalize the deal. Our processors and closers will keep you up to date on the process as it works its way through, but everyone should have a bit more patience when purchasing from the VA than in a normal file.

So, if you’re purchasing a VA foreclosure – close with Watson Title Services of N FL, get owner’s title insurance … and everyone should sleep well at night.

You can get the PDF of this tip here.

Foreclosure Crisis Death Watch?

20081212_notice_33Real good overview of the direction the national market in foreclosures by the Investors Business Daily;

After years of casting a pall on the housing market, it appears the foreclosure crisis is on its deathbed.

The funeral hasn’t been scheduled just yet, but new data suggest an end is near for the troubled-housing debacle that began in August 2007 when nationwide foreclosure filings first broke the 200,000 mark.
Foreclosure activity fell in the third quarter to its lowest level since the second quarter of 2007, according to a report Thursday by foreclosure watcher RealtyTrac.

Neither good times or bad time last forever, the key is to look out for the change and to be ready for it.

Texas comes to Florida

Congratulation to Dana & Keith!

They were a great couple to work with.  Coming from out of town and juggling all those things you have to.  We found a great home with all the room they were looking for in all the right places ….. with a less than 10-minute commute!

Should we make it harder to buy homes?

Well, it looks like Congress is thinking about it.

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act) became law on July 21, 2010. Section 941 of the Dodd-Frank Act requires financial institutions that securitize mortgages loans to retain at least 5 percent of the credit risk.

The Dodd-Frank Act, however, exempts from the risk-retention requirement securities backed exclusively by “qualified residential mortgages,” or QRMs—mortgages with underwriting and product features that historical loan performance data indicate result in a lower risk of default. By exempting QRMs from the risk-retention requirement, the cost of securitizing these mortgages is reduced, thus providing a market incentive for the wide origination of responsible loans.

Highlights of the Proposed QRM Standards

  • The proposed QRM rule would require an 80% LTV, which requires a 20% down payment.
  • The proposed rule would also limit the mortgage payment to 28% of gross income and limit all debt to 36%.
  • No credit score requirement is included, but a mortgage loan would qualify as a QRM only if the borrower is not currently 30 or more days past due on any debt obligation.
  • Borrowers could not have been 60 or more days past due on any debt obligation within the preceding 24 months.
  • Borrowers could not have, within the preceding 36 months, been through bankruptcy, been foreclosed on, engaged in a short sale or deed-in-lieu of foreclosure, or been subject to a Federal or State judgment for collection of any unpaid debt.

The QRM definition is of extraordinary importance for three reasons:

1. It will determine the types of mortgages that will be generally available for borrowers for the foreseeable future.

2. It will serve as a precursor for what the successor(s) to the current GSEs (Fannie Mae and Freddie Mac) are likely to be allowed to securitize.

3. Finally, the QRM proposal will telegraph the administration’s intentions for FHA. A narrow QRM will require severe tightening of FHA to prevent huge increases in FHA’s already robust market share.

What that means simply is that it will be harder for people to be able to buy homes. That will decrease demand for homes which will depress prices even further.

That in turn will put more people “underwater” in their mortgage. Bad for buyers; bad for homeowners.

Take action.