HomeRun Homes Rent to Own Homes Blog

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HomeRun Homes is a centralized marketplace which helps people Find or Sell a Rent to Own Home, both Nationwide and Globally to the thriving Rent to Own Market. http://www.lease2buy.com

December 22, 2010

Holiday Wishes From HomeRun Homes

Hi Everyone,

   Hope your week is going smoothly. At this time, you may very well have visions of sugar plums dancing in your head, so I will make this short and sweet today !

   I just want to take this time to thank you for being a dedicated reader of my blog, and to say that I truly and genuinely appreciate the time you have spent reading my observations, views, (and sometimes even my rants!), and further, I hope that you've learned a thing or two along the way. As always, you can always contact me in order to suggest any topics or issues for me to investigate, review, and post in this blog. I am ready, willing, and able to accommodate you, as always.

   This will be our last post until Monday 12/27, so to our friends that celebrate Christmas, I wish you the Merriest Christmas ever, from our family and our company to you and your family. May the season bring you peace, serenity, and joy.

Have a Great Weekend, and Happy Rent-to-Owning !
HomeRun Homes Blog http://blogging.lease2buy.com
HomeRun Homes Website http://www.lease2buy.com

December 20, 2010

Drumroll...Your Top 5 Favorite Blog Posts of 2010

Hi Folks,


   Welcome back to Christmas week. If you were anywhere near a mall or a shopping center this week, you know that the traffic was at a crawl and the stores were bursting with people. You would think there was no such thing as a recession !

   Well, it's time to get all nostalgic with you. You have all gravitated to certain posts this year, and we are going to give you your Top 5 Favorite Blog Posts of 2010, starting with #5 and rounding it down to the Top Post of the year !

   Coming in at #5 is the Blog Post titled, "Post-Foreclosure REO Property Maintenance", in which we investigated into how the REO properties are being maintained while they are unoccupied.

   Coming in at #4 is the Blog Post titled, "Buying a Foreclosure? What You Need to Know First...", in which we spoke to numerous experts and foreclosure "gurus" for their suggestions on how to navigate the foreclosure property marketplace.

   The #3 Top Blog Post is titled, "Private Money...Any Available For Real Estate Deals?". In this post, we spoke with members of the lending community to gauge the availability of private money to fund Real Estate deals, and we received a number of different perspectives on this topic.

   Coming in at #2 is the Blog Post titled, "Top 5 Concerns When Selling a Home FSBO", which received a lot of traction and was ReTweeted and used in many articles and write-ups, due to the useful tips provided in the post. The sub-topics of selling a home as a "For Sale By Owner" (FSBO) that were covered in this post were Legal Concerns, Preparation of the Home, Mechanics of the Sale, Addressing Security Concerns, and Marketing the Home.

   Drumroll Please !! Your #1 Blog Post based on views, Tweets, Diggs, etc, was, "Right Time to Buy? Top Real Estate Investing Markets", in which we discussed the hottest markets for Real Estate investments. We spoke with many experts and investors across the country to provide you the best possible information. Even though this post was written a few months back, not a lot has really changed, so it is still worth a read and worthy of sharing with your peers.

   So, there you have it; The Top 5 Blog Posts of 2010, based on your views and usage of the content. We hope that we can continue to provide you with valuable and useful content, and all we ask of you is your faithful readership, your valuable comments, and for you to Retweet and Share our posts using the handy little buttons and links below the posts and on the side column of the Blog.

Have a Great Week, and Happy Rent-to-Owning !
Regards,
Rob Eisenstein
HomeRun Homes Blog http://blogging.lease2buy.com
HomeRun Homes Website http://www.lease2buy.com/


#realestate #foreclosure #realestateinvesting #reo #forsalebyowner #fsbo

December 17, 2010

Numbers, Numbers, and More Housing Numbers

Hi Everyone,


   It is Friday, and believe it or not, we are just one week away from Christmas, and two weeks from the start of a New Years. It's always an exciting time, since good change is on the way !

   As always, the wheels of our Government are grinding away, and the good folks monitoring the housing market have provided us with some new numbers for New Residential Construction, of which will take a quick look at today.

   As we know from the previous release of these numbers, and as noted in this blog, "New Residential Construction" is broken down into Building Permits, Housing Starts, and Housing Completions. Building Permits were mixed. Housing Starts were up for one segment since the last release, however, down from the same time last year. Finally, the biggest numbers came from the Housing Completions portion, or should I say, "lack of" Housing Completions, with privately-owned completions falling over 14% from October, and close to 40% from last year. That is one heck of a tumble !

   Next week, there are 4 more indicators being released, which are the Loan Performance Housing Price Index (Tue 12/21), NAR Existing Home Sales (Wed 12/22), FHFA Monthly House Price Index (Wed 12/22), and New Residential Sales (Thu 12/23), all of which will be make for a very interesting week.

   We aim to please !

Have a Great Weekend, and Happy Rent-to-Owning !
HomeRun Homes Blog http://blogging.lease2buy.com
HomeRun Homes Website http://www.lease2buy.com

December 15, 2010

Crazy Hazy Appraisal Madness

Hi Folks,
   Hope your week is coming along great, so far.

   Well, considering the fact that we put a man on the moon and that we have found cures to a vast amount of the illnesses that have plagued mankind, you would think we would have this appraisal thing licked by now, right? Well, not exactly !

   To bolster this argument, this morning, I read a story on Yahoo Finance about a couple that were looking to purchase a specific home, and who shelled out $1600 for 7 appraisals, each of which was different than the other...and some of them by substantial amounts. Ultimately, due to this fiasco, the couple wound up renting the home that they actually wanted to purchase, but could not due to the scattered and lower appraisal(s).

   Since a majority of the trades on the stock exchange are done via computer, isn't there a way to have a universally-accepted appraisal program that spits out a figure? Perhaps there can be 3 programs (as with credit scores/FICO), with a Low, Middle, and a High. In that case, lenders can choose to accept the middle price, an average, or some other computation. I realize that my Appraiser friends are turning bright red with anger, but it should be a system that is created, organized, and computed by Appraisers, and they would still need to go on-site to verify all features of the property.

   Please don't yell at me for this one...but I am a stickler for automating procedures to minimize variation and errors. What are your thoughts on this proposal?

Have a Great Day, and Happy Rent-to-Owning !
HomeRun Homes Blog http://blogging.lease2buy.com
HomeRun Homes Website http://www.lease2buy.com


Tags: #appraiser #appraisal #finance

December 13, 2010

Giving Back to Our Wounded Warriors

Hi Everyone,
   Hope you had a great weekend.

   As we all know, this is the season of giving, and today, we'd like to discuss a charity that we believe is worthy of your donations. The charity I am referring to is "Wounded Warrior Homes", and basically, the vision of this non-profit organization is to provide fully furnished homes (including sheets, towels, and the first 2 weeks of food), in which each military service member, "will rent a private room at below market rent and have the sense of ownership." In addition, the service member is connected with a case manager, along with "educational and job training options" and will, "begin working on their individual transition plan toward independence in 2 -2 1/2 years or less."

   Wounded Warrior Homes was started by Steve & Mia Roseberry, with backgrounds in General Contracting and with special education, respectively, and as they state on their website, their effort is to, "use their skills as real estate investors to help provide transitional housing to service members with Traumatic Brain Injury."

   This is a fantastic charity, and something that I thought would be great idea to announce here on this Blog, since their vision runs along the lines of the business of housing in which we are all involved in, either directly or indirectly.

   When you have a chance, take a look at their website, and see how you can help our heroes gain back their lives after defending us with their own lives!

Have a Great Week, and Happy Rent-to-Owning !
HomeRun Homes Blog http://blogging.lease2buy.com
HomeRun Homes Website http://www.lease2buy.com

December 10, 2010

Does Subprime Still Exist ?

Hi Folks,

   Hope you've had a great week, and that you've been able to keep warm !

   A few days ago, a colleague of mine asked me if subprime loans still exist, and I realized that I have not heard the term, "subprime", for quite a while, and I also realized that before responding to him, I had better gather a consensus from some mortgage professionals with knowledge on this topic. At the same time, I figured that this might be something to share with all of you good folks out there, as well.

   We spoke with a few sources, one of which is Fred Glick, a mortgage broker and banker, who says that, "Fannie Mae and Freddie Mac now have minimum credit score standards based on loan to value.", and that the, "new subprime lenders are private ones that charge a lot in rates because they are limited to what they charge in points by many different state and federal laws, including but not limited to what is coming out under the Merkely Amendment of Dodd-Frank", that, "limits compensation to a maximum of 3% of the loan amount and does not allow for both front end points and back end compensation from lender to broker in the same transaction."

   Steven Bote, Mortgage Planner, says that the "very short answer" is, "no, subprime lending does not exist.", and he continues to say that, "for me, the defining characteristic of all subprime loans is the absence of "documented income necessary to support the ability to reasonably repay.". Bote says that today, residential financing is on the "complete opposite extreme of the lending spectrum from where it was three years ago during the height of the subprime era, and as such, everything is fully documented (pay stubs, W2s, tax returns, schedules, etcetera)."

   Any discussion on lending would not be complete without looking at the impact of FHA and VA loans, of which Bote calls, "Government-based loans that allow for higher LTV-based financing, such as FHA and VA". Bote says, that for example, "FHA allows a person to buy an owner-occupied 4-unit property with as little 3.5% down of the purchase price, and VA financing of the same property type allows for 0% down payment (and with as low as a 620 middle FICO)", and says, "To put things into perspective, conventional financing requires all buyers to put down a minimum of 20% of the purchase price." Glick says on a similar note that the, "VA has gotten tougher and FHA claims not to have a minimum, but the GNMA market is moving up to 620 to 640 as a minimum. So, for the people with the scores in the 5's, it's a problem unless you have lots and lots of equity."

   Greg Cook, a Mortgage Professional, agrees that a, "certain segment of the subprime market is being served by FHA financing", and also says that, "Most subprime (hard money) lenders have gotten out of owner occupied loans because federal and state legislation limit the total fees that can be charged. These limitations do not apply to commercial, business or investor loans, so hard money lenders have evolved back to these types, which were their staples before the rise of subprime."

   So, with all of this information in hand, I have duly advised my colleague that the subprime market does still exist (well, kind of), and as Cook said, he has seen, "subprime mortgages start out as hard money, morph into subprime for homeowners, and back to hard money.".

   Do you have anything to add to this discussion? We welcome your comments and insights.

Have a Great Weekend, and Happy Rent-to-Owning !
HomeRun Homes Blog http://blogging.lease2buy.com
HomeRun Homes Website http://www.lease2buy.com

TAGS: #mortgage #loans #hardmoney

December 8, 2010

In Rememberance of Pearl Harbor

Hi Folks,
   As you may notice, this post is being written on the 8th of December, which is one day after the commemoration of the 69th anniversary of the atrocious attack of Pearl Harbor. The point of making this post one day later is to remind everyone that we need to always remember these events that shape our history not only on the actual day, but the day after, and so forth.

   The sacrifices that were made by the victims and their families deserve to be in our thoughts every day, as their courage and bravery is what permits you and I to live free and to be free to express ourselves.

   A deep and heartfelt "Thank You" to all of the men and women who serve in our Armed forces!

Have a Great Day, and Happy Rent-to-Owning !
HomeRun Homes Blog http://blogging.lease2buy.com
HomeRun Homes Website http://www.lease2buy.com

December 6, 2010

Winter, Profiles, and Technology

Hi All,
   Hope you had a really nice weekend. Winter has turned quite rapidly here in New York, and the snow can't be too far off !

   Recently, we have had some people ask about the behind-the-scenes folks here at HomeRun Homes, and we promise that we will get them to profile themselves in the coming weeks. A memo has been circulated advising against unnecessary shyness and forbidding them from remaining in the shadows! OK, no memo like that was circulated, however, on a serious note, we will try to have one of our very interesting and instrumental staff members profiled for this Blog to meet your requests.

   Quiet week in terms of housing numbers, as there are no housing-related releases scheduled for this week, but there are some economic numbers coming out (and they always affect the housing market, either directly or indirectly).

   On a side note, we have had the opportunity to stress-test a very cool and very powerful new printer (the Epson Workforce 635 All-in-one Printer, Copier, Scanner, Fax, and Wi-Fi). We love this thing ! Easy to Set up, remarkably simple to understand, and blazing fast ! The installation was a little long, and there was no network/Ethernet cable provided, but overall, we have been printing at break-neck speed. In addition, our office manager is happy, as we were able to decommission a printer, scanner, and fax machine that were replaced with this one unit!

   Ahh..."Technology Rules" !

Have a Great Week, and Happy Rent-to-Owning !
HomeRun Homes Blog http://blogging.lease2buy.com
HomeRun Homes Website http://www.lease2buy.com

December 3, 2010

Two Personal Traits Place Real Estate Success Within Your Reach

Hi Folks,

   Happy Friday, and welcome to the weekend.

   It's been quite some time since we sprinkled a little bit of motivation on you, and it's sprinkling time !

   I have personally received a large amount of communication over the past 8 years of running Lease2Buy.com, and a fair amount of it has been requests for advice on "how to make it" in the Real Estate business. The correct answer is that there is no one true answer.

   Let me define that: Real Estate is broken down into so many small niches, that each one has it's own targets and methods. I don't want to get into each one of them, as that is outside the scope of this discussion, however, some examples are Real Estate Investing in Residential properties, Real Estate Investing in Commercial properties, Rent to Own, Short Sales, etc.

   Now, as each of these segments can have their very own set of procedures you need to follow in order to "make it", there are two major over-riding themes (great personal traits) that you can follow, which will carry you towards your goals, and let's take a look at them here:

1. Honesty - As it is no surprise, you will not get anywhere without the grace of the masses, and the best way to receive that is by telling the truth. As sad as it is, there are a lot of bad apples who will try to deceive others, but that provides only a short time gain for them. Those who are honest will be the recipients of word-of-mouth business referrals, as well as the power of good karma.

2. Do What You Say - If you promise to make a call, attend a meeting, send an E-mail, or anything else along those lines, make sure you do it! We are truly as good as our word. For example, say a given person tells you they will send you a proposal, and it never arrives. They apologize and say that they will E-mail it within 30 minutes. After one hour, you still have not received it. What will you think about that person? It should begin to raise red flags. Don't let this happen to you - perform what you promise !

   Remember, Honesty + Performance = Integrity. Integrity will allow you to propel yourself forward toward a successful career in Real Estate, and in actuality, any business endeavor in which you are involved. I will gladly speak further about this in front of any group that you believe needs to have this further defined in relation to Real Estate and Business in General (See Our Public Speaking Section).

Keep your head up, your words true, and do what you say !

Have a Great Weekend, and Happy Rent-to-Owning !
HomeRun Homes Blog http://blogging.lease2buy.com
HomeRun Homes Website http://www.lease2buy.com

December 1, 2010

Free Land Offers ? Are Things That Bad ?

Hi All,
   Welcome to the first day of December, and the Holiday Season. It sounds like a cliche, but I cannot believe how fast the year went buy!

   Well, it had to happen eventually; things have been so bad, that there are now 7 towns that are offering land for free (Yes, you heard me...for Free !). Colleen Kane from CNBC.com put out an article titled, "7 Towns Where Land is Free", and it lists the 7 cities as Marne, Iowa, New Richland, MN, Kansas (multiple towns !), Beatrice, NE, Muskegon, MI, Curtis, NE, and Camden, ME (I've attended the "Lobster Festival" in Camden, and it is gorgeous!).

   You know, if we spoke about free land just a few years back, you might have insisted I ought to be locked away for speaking such falsehoods, but this is real, folks !

   In keeping with the topic of tough-times, the S&P/Case-Shiller Home Price Indices were released yesterday, and the figures showed this U.S. National Home Price Index drop 2% in Q3 of this year, and 1.5% off from their levels from a year-earlier. Thus the prospect of potentially more free land offers.

   What are your thoughts on these "Free land" offers. Do you know of any other towns that should be offering free land to help their waning population and decreasing land and property values? Please chime in and let us know.

Have a Great Day, and Happy Rent-to-Owning !
HomeRun Homes Blog http://blogging.lease2buy.com
HomeRun Homes Website http://www.lease2buy.com

November 29, 2010

Caveats When Using a Foreclosure Rescue Company

Hi Folks,

   Hope you're Holiday weekend was great, and I hope you remember to toss out any leftovers from Thanksgiving, as they should be spoiling just about now !

   We are proud to share some great coverage we received in an AOL Daily Finance article titled, "How to Avoid Getting Conned by Foreclosure Rescue Scams", by Sheryl Nance-Nash.

   The two excerpts where we are quoted are as follows:

   "The problem has skyrocketed, and may get worse before it gets better, predicts Robert Eisenstein, president of HomeRun Homes, a rent-to-own marketplace operator."

   And...

   "Don't panic," cautions Eisenstein of HomeRun Homes. "Once you panic, you lose. Don't take the bait from the first company you meet. Make sure you don't create exponential problems along with the current problems of impending foreclosure."

   This was a very good article, as there has been a spike in these tragic stories since the housing market turned sour, i.e., Rent to Own deals where the owner went into foreclosure and the tenant/buyer was left in a very, very bad position (we have suggestions to help minimize the risk of that happening - please contact me for details).

   For more on the topic(s) of Foreclosures and REO's, be sure to check out the following articles:

   Foreclosure Prevention, Improved Housing Markets...
  
   Buying a Foreclosure? What You Need to Know First
  
   Short Sales - What Do You Need to Know?

   Post-Foreclosure REO Property Maintenance
  
Have a Great Day, and Happy Rent-to-Owning !
HomeRun Homes Blog http://blogging.lease2buy.com
HomeRun Homes Website http://www.lease2buy.com

November 26, 2010

UPDATED: Post-Foreclosure REO Property Maintenance

Hi All,

   I hope you had a wonderful and relaxing Thanksgiving dinner, and we are glad to have you back here with us today, from wherever you may be reading this.

   We have had a tremendous amount of requests to cover the topic of REO properties and the manner in which they are kept from becoming eyesores and danger zones. In order to garner the best information, we spoke with a few people who deal with REO properties on a daily basis, and we have received some valuable information from them that we would like to share with you today.

   How are Foreclosure/REO Properties being Maintained in while they are Unoccupied?

   Edward Harris, Owner of REO Clean Up, tells us that the REO maintenance process for his company starts once the, "HUD/Bank receives a foreclosed property into their inventory and that property is turned over to their integration contractor/Broker.". Once they receive the property they send his company a "work order to go out and perform an, 'initial inspection'." Harris say that this report provides detailed information of anything left behind by the previous owners and also any visual problems with the home. The next step after this report is sent back to the IC/Broker is that a, "a work order is generated from the 'initial inspection report' regarding any issues. This work order is referred to as. 'Initial Services'."

   Another professional we spoke with, Mia Melle, President of West Coast Property Specialists, says that, "How these properties are managed during times of vacancy differs from company to company and also depends on what the owner intends to do with the home - rent or sell or sometimes nothing at all.". Melle provides an example of Fannie Mae, which, "uses the agents who are going to list the home as interim property managers and usually they are unpaid!", so basically it is the listing agent's responsibility to, "coordinate lock changes, landscaping, board ups, etc.", and surmises that the fact that they are unpaid for this service, "speaks to the fact that so many homes go uncared for and turn into neighborhood eyesores."

   Adam Roberts, a Community Development Loan Specialist in the St. Louis/Midwest Region, concurs, and says that, "many of the REO properties are not being maintained to a "neighborhood friendly" level. Lenders are neglecting to manage these properties because there is an overwhelming(ly) large number."

   Melle says, however, that she has seen other types of financial institutions use property management companies to handle their vacant inventories but she reiterates that, "the companies are often doing this for the opportunity to either list or manage the property in the future and are offered next to nothing (in) compensation to oversee the homes."

   Who is Keeping these Properties from Becoming Overgrown?

   Harris says that once his company receives an "Initial Services work order", they perform the following; "trash out services, Janitorial, grass cut and any safety issues are given immediate attention. Once we receive a work order the property is in our inventory for routine services until the property is sold." He says that "Routine Services includes bi-weekly visual inspections, grass cuts, picking up any trash, re-fresh janitorial cleaning, re-fresh of winterization during the winter seasons, snow removal", and, "If a roof problem for example, is found during a routine inspection I would have someone rectify the problem ASAP."

   Roberts says that "fortunately" through local law enforcement and code enforcement the properties have some maintenance such as, "occasional lawn mowing and boarding up windows and doors." Still, however, Melle says that, "Landscaping is one of the issues that lack thereof is the most noticeable to the neighborhood and it's one of the harder services to obtain for anyone whether you are a bank, property manager, or listing agent.", and says that, "The reason for this is that gardeners are a very local type businesses and you cannot find them on the Internet, the yellow pages or elsewhere. Normally, if you live in the neighborhood they will drop a flyer off at your door periodically but other than that.they are extremely hard to locate and hire from off site. So, as a result the landscaping may or may not get done regularly or at all.", and says that, "It's definitely an issue that we've had in our company with these types of portfolios."

   Who is Protecting these Properties from being Burglarized (for Copper Tubing, etc)?

   Harris says that during the "initial inspection", the property is secured, locks changed, hasp/pad locks if needed.", but he says that, "Obviously we can’t have someone at the properties 24/7, the visits of the routine inspectors and neighbors aware of the home can be/hopefully a deterrent for any theft. But if there is a burglary we notify the authorities, find out how the burglar got into the home and re-secure the property."

   Roberts concurs and says that Local law and code enforcement, "report the break-ins and then requires the lender to board up windows and doors.", and that, "Unfortunately after this happens the home becomes unmarketable to "real people" and the best chance of the home moving on the market is now in the hands of an investor, which means another short sale."

   Who is Keeping Squatters from Living in the Property?

   "There have been cases of squatters but not many with our company.", says Harris, who continues to say that, "If our routine inspector doesn’t find evidence of a squatter then we are called by a neighbor. Keeping the squatters out can sometimes be a task." Harris says that, "At one property, the squatter broke the door three different times. The first two we re-hung the door and put two padlocks and hasp on the door. The third time our inspector arrived for his routine inspections and found the person in the house and was able to call the police. They were able to apprehend the squatters." On a positive and hopeful note, Harris says that, "Our continuous presence at the properties we hope prevents illegal activity."

   Roberts says that, "Unfortunately these homes are sitting unoccupied for extended periods of time which makes them highly susceptible to burglary and squatters." He says that, "After initial vacancy the home has windows and doors, (and) in a few months, squatters and burglars target the home. They begin by stealing the air conditioner. Then when they realize neighbors are too scared to come out and confront them, they break in doors and windows and start cutting out the copper and other valuable items in the home." he says that in the end, at best, "local law and code enforcement are mandating maintenance to the best of their ability", but, "unfortunately these dismal efforts are only making the public aware that these properties are foreclosed, unsafe and jeopardizing the stability of the neighborhood."

   How many vacant or unoccupied properties have you been seeing popping up lately? Have they been maintained fairly well or do they have the "REO 5'O'clock shadow". Let us know so we can all share some information and new ideas and strategies to help our neighbors.

Have a Great Weekend, and Happy Rent-to-Owning !
HomeRun Homes Blog http://blogging.lease2buy.com
HomeRun Homes Website http://www.lease2buy.com


TAGS: #foreclosure #shortsales #reo #realestateinvestors #realestate #propertymanagement #hud #property




UPDATED: Top 5 Blog post for 2010 (For more information, CLICK HERE)







November 24, 2010

Do the Housing Numbers Make You Dizzy?

Hi Folks,


   Hope you've had a great short week, and you're ready for the Feast !

   As we discussed on Monday, there were quite a bit of pivotal numbers coming out, and I wanted to take a look at them together with you. Whether this will aid in your digestion tomorrow will remain to be seen.

   New Residential Sales: October came in at 8.1% below September and 28.5% below October 2009, and compared to the same numbers released last month, which showed a 6.6 percent short term increase, but was also substantially below the previous year (21.5 percent decrease). What happened to another short-term increase? Where did that go?

   Existing-Home Sales: The figures for October came in 2.2% below September, and 25.9% below October 2009, reflecting, of course, the tax credit frenzy during that period of time.

   FHFA Quarterly Index: This purchase-only FHFA house price index showed a 1.6% drop from the 2nd Quarter to the 3rd Quarter, and a 3.2% drop from the same period in 2009. The biggest movers were the Mountain Division of the US, which was down 4%, while the New England Division rose 0.9%

   We still have a long way to go until we start seeing rock-solid numbers coming out with every new release, and it certainly will, as we cannot create more land, just more houses!

   As a final note, we will be doing a very informative piece on Friday, which will cover the topic of Bank REOs and Foreclosures, so be sure to tune-in (and digest).

Have a Safe and Happy Thanksgiving
...and Happy Rent-to-Owning !
HomeRun Homes Blog http://blogging.lease2buy.com
HomeRun Homes Website http://www.lease2buy.com

November 22, 2010

Turkey vs. Home Sales ?

Hi All,


   Hope you all had a great weekend, and welcome back to the "Short Week" for most of you.

   It boggles the mind when you realize that there will be 3 major data releases in the next 2 days leading up to the Thanksgiving Holiday weekend, but the wheels of the Economy must chug ahead and chrun out the figures.

Here is what is due out this week:
Tues Morning - NAR Existing Home Sales
Weds Morning - FHFA Quarterly Index And New Residential Sales

   Of course, we will recap any of the numbers, should they be eventful. Other than that, we will keep our posts this week short and to the point, since the choice between the thought of turkey and reading my blog posts is a battle that I do not want to get involved with.

   As a reminder, we are still offering our, "Important News for Sellers":

   To Recap the offer: We are offering 30 Free Seller Ads (2-Month Ad duration) - so you can list your home for sale or Rent to Own (a $9.99 value). No catch involved - just Holiday Spirit.

   How do you nail down that free Ad? CLICK HERE to send us the E-mail address that you will use to create your ad. We will then send you a username, password, and the link to log in and place your Ad, add images, etc. This is rare, so jump on this before the remaining slots are gone.

Have a Great Week, and Happy Rent-to-Owning !
HomeRun Homes Blog http://blogging.lease2buy.com
HomeRun Homes Website http://www.lease2buy.com/

November 19, 2010

Real Estate Contracts from a Legal Perspective

Hi Folks,

   Friday is upon us, and most of the leaves have already fallen here in the Northeast. The trees are bare, and this can only mean one thing - bare trees. OK, so the secret is out - I'm not a comedian.

   One thing that is not a laughing matter in Real Estate are the contracts that are used for the different flavors of deals. Today, we are going to take a look at these contracts from the perspective of Rent to Own, with input from Attorneys from 3 States; Florida, Ohio, and Texas. We will preface this with the caveat that this is not legal advice, we are not attorneys, and thus the title word, "perspective", and not guidance.

   In the State of Florida, which is always a hotbed for deals, we spoke with Charles P. Castellon, an Attorney and Counselor at Law in Florida. Castellon tells us that it is important to realize that, "The applicable protections depend on whether you’re entering the deal as seller or buyer.", and he says that from the seller's side, especially in Florida, that, "it’s helpful to draft 2 separate agreements — a residential lease and option agreement.", as, "the rationale is the buyer/option holder could more easily force the owner to file a foreclosure action rather than a simple eviction if both sides of the deal are integrated in one agreement." Castellon continues to say that, "In the latter situation, a court could deem the buyer to have equitable rights giving the buyer/tenant the same rights as a mortgage borrower, thus requiring a more costly and complex foreclosure rather than a relatively simple eviction." From what I personally understand, if a rent credit is being applied to the down payment each month, the tenant is building up equity.

   Castellon says that an owner can, "write into the agreements a waiver by the buyer of any claim that the buyer may be entitled to equitable rights requiring a foreclosure case and instead agree that a breach of the lease agreement would be litigated in an eviction case only.", and that, "Buyers should seek to have a portion of all rent payments credited toward the purchase price. Building equity for the buyer and a greater stake in the rental property is beneficial for both sides, as the buyer will think more like an owner than a tenant." Additionally, he says that, "Buyers should also insist that all cost responsibilities are clearly spelled out. For example, either side can be responsible for costs such as taxes, insurance and association fees and everything is negotiable. The buyer may want to seek some kind of protection of his/her interest in the property in the event the owner fails to pay property taxes and thus risks the loss of the property to the tax collector."

   In the State of Ohio, we spoke with Troy Doucet, a foreclosure defense and consumer litigation attorney, who says that, "Ohio law requires the inclusion of about 15 different terms into any land contract in order to make it valid. Someone unfamiliar with these requirements could generate a void contract, and cost themselves statutory damages in addition to having to refund money paid." Doucet says that, "Creating a lease that provides for the ability to purchase later creates other hurdles under Ohio law, especially with regards to recording any kind of security interest in the property", and says that his recommendation is to, "always consult an attorney in drafting these types of contracts because they can be considerably problematic for the seller and buyer if not drafted correctly."

   Finally, in the State of Texas, we spoke with Attorney Patrick E. Hudson, who says that, "Rent to own laws vary from state to state", and that "In Texas, sellers used to take advantage of rent to own buyers by taking the house back when the buyer missed the first payment, even if the buyer had paid on the home for years.", but that, "the Texas legislature stepped in and put burdensome regulations on rent to own sellers.". Hudson says that the regulations, "generally provide that the buyer has to be provided notices and opportunities to cure any default before the seller can take the property back.".

   Hudson says that the state regulations are so difficult to comply with that, "many law firms advise their sellers to avoid rent to own contracts". He does, however, mention an alternative, where, "A seller can lease the property and give the renter/buyer an option to purchase the home at the end of the lease for a good price.", which, "avoids all of the hurdles of a rent to own transaction.".

   We are looking for some additional input from real estate attorneys in other states, and we welcome your comments on this post.

Have a Great Weekend, and Happy Rent-to-Owning !
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