Real Estate Agents – Strengths and Weaknesses in Listing Commercial Property Today

Immobilie bewerten, Immobilie Wert, Immobilienrechner, Verkaufsrechner, Immobilienwertermittlung Tel: 06227-399170 Handy: 0176-2116-9990 eMail: info@heidelbergerwohnen.de Internet: www.heidelbergerwohnen.de

In this commercial property market there are some real pressures and challenges that confront a lot of property owners when they want to sell or lease their property. They need the help of top agents that really understand the local area, to help in moving the property.

Contrary to popular belief, it is in markets like this that good agents can make a lot of commission. It all comes down to the way in which they package their services and help their clients.

In simple terms, top agents and experienced agents can do very well today providing they work the local area and their database. A good database will always get you through any market conditions and frustrations. In saying, that I am a big believer that a salesperson’s database should not be delegated to the office administrative staff to control.

Every salesperson should take ownership of their database; in this way they will get good activities from it. In this market you need leads that you can do something with. When a database is passed over to the administrative staff to control, the inevitable result is inaccurate and old data. The database soon becomes redundant. The salesperson doesn’t keep it up to date.

Become Change Agents

So we are the ‚agents of change‘ when it comes to helping our property clients an owners get results in this market. We should know how to attract the right people to every property listing that we take on. Exclusive listings are more important in today than ever before. Some top agents will not take on ‚open listings‘ for the very reason that they are a waste of time and effort.

When you know the drawbacks of the industry and the listings today, you can offer the clients that you serve some solid solutions. So what are the drawbacks? Here is a list of some of the bigger ones:

  1. The time that it takes to sell or lease a property can be longer today. Every client has to be conditioned for the best price or rent so the time on market is not lengthened. The first few weeks of every marketing effort are the most important. Position the property correctly to get the best enquiry in this time.
  2. High prices and high rents will achieve nothing. The price or rent for the property should be optimised for enquiry. You have to do more with less when it comes to marketing and inspecting of properties.
  3. A larger number of competing properties can frustrate your marketing efforts and time on market. Check out these properties before you do anything with your listing.
  4. Buyers and tenants are slower to enquire, inspect the property, and then make a decision. Your skills with each stage of the listing should be optimised. Hone your skills accordingly.
  5. Limited finance can put some ‚brakes‘ on the larger deals. Find out where your prospects can get finance from and what the criteria of approval may be.

Whilst these may be drawbacks in the market, they are also opportunities for agents that can get focused and organised. Every problem is an opportunity in disguise.

Are you a solution provider in this commercial real estate market? Top agents are just that. You can be too.

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Source by John Highman

An Expired Listing Letter Will Make Your Phone Ring

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An Expired Listing Letter can help you generate more leads, get more listings and make more sales. It's a fact that many top producing agents can validate. However, do not expect an agent in your market to actually do it, because doing so could ruin their business.

On the other hand I have nothing to lose by sharing this commonly known but underutilized tool with you. Why? Because chances are we're not in direct competition with one another. So, if you are not conducting a letter writing campaign you should think about it.

5 Reasons for Starting an Expired Listing Letter Campaign Today

1) Expired listing campaigns are effective lead generators and when using them you can expect to generate listings on a consistent basis. So, let me ask you a question. How many listings are you currently generating on a weekly basis? That's what I thought. Want more? Then target expired listings … and start today.

2) Every letter you mail is highly targeted and goes to someone known to be interested in selling their home; someone who may be more motivated to sell when they list with you than they were during previous listings. In fact, not only can you expect the owners of expired listings to price their homes competitively, you can insure on it.

3) Farming expired listings is easy to do and a good letter makes it even easier. Mail ten letters a day, which takes on average less than thirty minutes, and you'll quickly be on your way to a renewable source of leads.

4) When you place a "For Sale" Sign & Rider on an expired that you convert to a new listing it'll enhance your stature as a successful agent in your community. Every passerby, property owner, renter, visitor and investor in the neighborhood will potentially look to you as an agent to do business with – and that will generate even more leads, listings and sales.

5) Finally, an expired letter writing campaign can also generate investment opportunities. Sometimes owners are willing to sell in a hurry, thereby creating attractive investment opportunities. You can establish relationships with real estate investors to buy some of the homes you list, or potentially line up investors to finance your purchase of them.

The Sound of Success

So, do not procrastinate. Get yourself an Expired Listing Letter set and start mailing letters today. And when you do know that your phone will start ringing and when it does be assured that callers will be wanting to do business with you. Can you ask for anything better?

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Source by Lanard Perry

How to Obtain Title For Abandoned Real Estate Through Adverse Possession in the State of California

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What is Adverse Possession? How can I obtain title to real estate?

In a nutshell adverse possession is a process where a person or an investor can obtain the ownership or title of real property from another person because the owner has abandoned the property. This is done by simply taking possession of that property in the manner prescribed by state law.

In doing so, you can, literally acquire ownership or title of the real property for just paying the back delinquent real estate taxes and the cost to file a quiet title lawsuit establishing that you obtained title to the property through adverse possession. In other words, you can take title of valuable property for a incredible discount.

The Law of Adverse Possession

The laws governing adverse possession is local state (or, in Canada, territorial law); consequently an Abandoned property investor must look into the specific laws of a specific state or Canadian territory where the real property is located. Since the laws are different dramatically from jurisdiction to jurisdiction and can often be confusing, anyone wishing to take title to real property through adverse possession should contact a knowledgeable attorney before attempting to do so.

In order for you to begin understanding the requirements of Adverse Possession let’s look at a specific example. Below is a closer look at th California Adverse Possession law. We will use this law to identify and explain some of the more common terms used in Adverse Possession.

California Adverse Possession Law

Briefly, California state law states that Real Estate investors wanting to obtain title to another person’s real property through adverse possession MUST satisfy all the following Requirements:

1.That the Abandoned property investor’s possession was held under either (1) a claim of right or (2) under color of title:

2.That the Abandoned property investor’s possession was actual, open and notorious;

3.That the Abandoned property investor’s possession was hostile, adverse an exclusive;

4.That the Abandoned property investor’s possession was continuous and uninterrupted for a period of five years;

5.That the Abandoned property investor paid th real property taxes during that five-year period.

Possession must be held under either (1) a claim of right or (2) under color of title.

The California statutes governing adverse possession and as well as the statutes of most other states make a distinction between claiming adverse possession based upon a „claim of title founded upon a written instrument or judgment or decree“ (often referred to as a claim under color title) and claiming adverse possession based upon „a claim of title exclusive of any other right, but not founded upon a written instrument, judgement, or decree“ (often referred to as a claim as either a claim of right, see California Code of civil procedures Section 322 and 323. As to such claim under claim o right, see Code of Civil Procedures Section 324 and 325.

Basically a claim of adverse possession based upon color color of title is one where the claimant(Abandoned Property Investor) took in good faith possession under a deed (or some other written instrument) or judicial decree that appeared to transfer good title, but was defective. For example, a tax sale investor might take adverse possession through color of title for real estate bought at a California county tax-defaulted sale where the sale was conducted improperly and, consequently, the deed was void.

„Claim of Right“ or „Claim of Title“

Abandoned property investors attempting to take title to real estate through the doctrine of adverse possession are generally more interested in taking such title through „claim of right“ or „claim of title“. Under this doctrine, an investor merely needs to take actual possession of the property and hold that possession as required by appropriate jurisdictional law.

As might be expected, the requirements to establish adverse possession under a claim of right are (under California law and under the law of most all other states) are more strenuous than those associated with claiming under color of title.

In order to be accurate as the specific requirements for a claim of right refer to the specific state statutes. Again, to be safe consult with a knowledgeable attorney in the county where the property is located.

Possession must be actual

As will be seen below, an abandoned property investor claiming possession under the doctrine of adverse possession does not have to personally occupy or live on the real estate to be in actual possession of the property. However, actually living on the real estate is probably the strongest and clearest evidence that possession is actual.

Possession by tenant as actual possession

Real property can be occupied, lived on, and actually possessed by a tenant under a tenancy agreement. Take, for instance, if you look at the California appellate case of Traeger v. Friedman (1947) 79 CA 2d 151. In that case, the adverse possession claimant took possession of a apartment building through tenants and, then, managed and rented for five years. She evn paid the real property taxes out of the rent. The California court held that she had met the actual possession requirement needed to perfect title under adverce possession.

Possession is deemed actual if lands is „protected by a substantial enclosure“, „usually cultivated or improved“

If the adverse possession is claimed based on a claim of right, then California Code of Civil Procedure Sections 324 and 325 apply.

A abandoned property investor’s possession is deemed to be in actual, open and notorious possession of specific real property under a claim of right when that person has either

1.“protected“ that property „by a substantial inclosure“ OR

2.That person has „usually cultivated“ OR

3.Has „improved“ tht property.

If the real property being taken through adverse possession is a lot and acreage and cannot be actually possessed (i.e., lived on) then that property must be either „protected…by a substantial inclosure“, „usually cultivated“, or „usually improved“.

If the property is protected by a substantial inclosure, then the inclosure must be „substantial“ enough to give the true owner notice of the investor’s Claim of adverse possession during the entire prescriptive period. Older Cases hold that the inclosure must be substantial enough and remain so throughout the prescriptive period of five years and protect all sides of the property claimed from intrusion by cattle or other animals. If the inclosure is so damaged as not to be able to protect all sides of the property from such intrusion, then the Abandoned property investor or claimant must promptly repair that damage inclosure or risk being found by the court to have not met this requirement.

Meeting ANY one of the three alternative, meets the actual possession requirements for adverse possession even though the Abandoned property investor or claimant does not live on the property.

Additionally, California cases have held that although „grazing“ or „pasturage“ is not mentioned in the Code of Civil Procedure Section 325 reproduced above, it is a method whereby an investor can take actual possession.

Possession Must Be Open And Notorious

Basically, an owner of real estate will not lose that real estate through the doctrine of adverse possession unless the manner in which the investor holds actual possession would provide reasonable notice of that possession if the owner inspected the property. Repairs and improvements made to houses such as painting the ouside of the house, keeping up the outside ground, etc. are examples of such actions.

However, an owner can lose title to real estate through adverse possession even through he or she is never actually aware of the possession because the owner never visited the real estate to discover the improvements made by the abandoned property investor.

Possession Was Hostile, Adverse And Exclusive.

Basically, if the abandoned property investor or claimant is in possession under color of title, then that possession is deemed to be adverse and hostile to the true owner and it is not necessary to offer any further proof.

However if the Abandoned property investor or claimant is in possession under claim of title, then the claimant must prove that the possession was hostile and adverse. The word „hostile“ does not mean that the possession was „overtly antagonistic“ to the owner; it means simply that such possession is „inconsistent“ with that of the true owner.)

It must be shown that the possession was in violation of the true owner’s property rights and that it should give rise in the owner a reason to begin an action to terminate the Abandoned property investor or claimant’s possession or use.

Possession of the property with the owner’s permission is not hostile or adverse. see California Civil Code Section 813 which provides a better legal explanation of this process.

Basically what the California Civil Code Section 813 means that the owner of the property can give permission for the use of that property by the general public or specific individuals. The statute further states that: „In the event of use by other than the general public, any such notices, to be effective, shall also be served by registered mail on the user.

The claimant’s use must also be exclusive, use of that property by the legal owner or any other person except the claimant or abandoned property investor or a tenant of the claimant or abandoned property investor holding possession on behalf of that person will probably defeat a claim of title through adverse possession.

Possession Was Continuous And Uninterrupted For Five Years.

This requirement can be found in Civil Code Section 1007 when read together with Code of Civil Procedure Sections 318, 319, 321, 322, and 325. Most specifically, Code of Civil procedure Sections 325 provides:

„provided, however, that in no case shall adverse possession be considered established under the provisions of any section or sections of this code, unless it shall be shown that the land has been occupied and claimed for the period of five years continuosly, and the party or persons, their predecessors and grantor’s, have paid all the taxes, state, county, or municipal, which have been levied and assessed upon such land.“

The requirement does not mean, however, that the investor must be physically on the land every day for five years. For instance, if actual possession of a home or other rental real estate is held by tenants on behalf of the adverse possessor or abandoned property investor, then ordinary vacancies will not disrupt the continuity of the possession.

So, if an investor were to take possession of rental property, for example, and there were normal vacancies that occur, these vacancies would not be considered a violation if the five year occupancy requirement. It also means that the investor does not have to live on the property to make this claim. That means you can claim adverse possession at multiple properties as long as the property is safe and liveable for tenants. That means a positive cash flow while waiting in the prescribed period and also without your physical stay at your property.

Claimant Paid The Real Property Taxes During That Five Year Period.

See Code of Civil Procedure Section 325 which governs this requirement

The Abandoned property investor or claimant must prove that he or she has paid all taxes that have been levied and assessed against the real property claimed during the entire five year period. A failure to pay taxes assessed for any one year will defeat a claim for adverse possession. Then the claimant must also pay any delinquent taxes outstanding for years prior to the start of the claim for adverse possession. For more details please refer to the case of Los Angeles v. Coffey (1963) 243 CA 2d 121,125.

Under the law of the state of California, if a Abandoned property investor meets all the requirements of the law of adverse possession under claim of title, then that person becomes the true legal owner of the real estate that has been abandoned. If the legal title of the real property was held by the former owner with no outstanding liens that superceeds the tax lien, then the investor will have acquired the real estate for, basically, just five or more years worth of back delinquent real property taxes or for just a small investment.

So, What Should A Abandoned Real Property Investor Look For?

The two most important principles of the law of adverse possession is that a Abandoned real property investor wants to see are the following:

1.The ability to take adverse possession under Claim of right or claim of title as opposed to color of title and

2.A relatively short prescriptive period. The period of time the Abandoned property investor must adversely possess the real property before that investor can obtain title to the real property.

You are probably asking yourself, Why?

Because in the state of California, the period or prescriptive period is five years based upon the California Code of Civil Procedure. However in some states the period can last from 10, 15 or 20 years until you get title through adverse possession.

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Source by Josue Zengotita

Introduction Letter for a Real Estate Agent

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Social media has not entirely done away with certain old-fashioned functions, like writing a letter of introduction, placing a phone call, saying „Please“, and Thank you“. There still are situations where a written letter of introduction has value – and can yield opportunities, too.

Let me introduce myself

What are some of the reasons for writing a letter of introduction?

· Career change – Use a letter of introduction to notify members of your sphere of influence (SOI), to let them know you have changed careers and are now building a new life as a real estate agent.

· New agent client building – A letter of introduction can be used as part of your first client-building marketing campaign.

· Introducing a new marketing plan – Your letter can focus more on a brief introduction, followed by a description of your new marketing plan.

· Change of real estate companies – Use a letter of introduction to notify your SOIs and prospective clients of your new affiliation, and let them know what your years of experience, aligned with the resources and experience of your new realty firm can offer home buyers and sellers.

The elements of introduction

First, remember that you are a business person. You are on a mission to introduce yourself, the services you have to offer, and state why you are so uniquely qualified to help your clients.

· Style – The style of your letter can be friendly but structured in a business letter format. Your letter should be brief and to the point, and no longer than one page.

· Subject – The subject will be to state your purpose for writing.

· The specifics – Make a statement of value add about what you have to offer your clients and what sets you apart as an expert in your neighborhood real estate market.

· Call to action – Conclude your letter by telling your readers that you will be in contact with them.

· Conclusion – Thank your readers for their time and let them know all the different ways they can be in touch with you, including all social media platforms and through your web site.

Referrals, please

One thing common to all realtors is the need to gather referrals. The introduction letter often includes a request for referrals.

Some real estate agents have stepped away from that direct approach and left out any mention of referrals. One realtor reported that eliminating such requests from his letters drew considerable surprise from existing clients and generated far more referrals when he was not „begging“ clients for them. Consider experimenting with this idea and determine for yourself which produces more favorable results.

Letting go of „I“

Although you are speaking about yourself and what you have to offer your clients, limit the number of sentences that begin with „I“. Your letter will sound more gracious and client-focused to your readers.

The finishing touch

The finishing touch is ensuring that your letter is correctly spelled, that all words are properly used, that it is positioned in the center of the page, and printed on quality letterhead. You may think no one really notices or cares, but a poorly executed letter will lead your prospects to wonder what else you don’t pay close attention to.

You will probably use several types of introduction letters over time but the foundation or template remains pretty much the same. No matter which letter you send, it is your „first impression“ – the one you will make to prospective clients. Make it a quality impression, like the quality agent you are.

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Source by Bill Len

Mortgage Brokers – Turn FSBOs Into Referral Goldmines With This Awesome Phone Script

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Even with the housing marketing as crappy as it is, converting for sale by owners (FSBOs or also known as „fizzbos“) into referral sources is still an effective marketing strategy. Don’t make the mistake of thinking that you are only going for the opportunity to help that fizzbo get a purchase loan for his new home. The real goal is to develop a relationship with the homeowner so that you prequalify all of the potential buyer prospects interested in their home that’s for sale. Using a phone script will make this even easier.

Drive around your area and search for all the homes being sold „For Sale by Owner.“ And if your area is like mine, there should be plenty of them. When you find one, write down the address, phone number, and sales price if it’s available (if they have a flyer, even better).

Once you have collected several addresses and phone numbers, it’s time to make the phone calls. Because FSBOs are heavily targeted by real estate agents, the homeowner will probably be very resistant to your phone call. You have to break through that resistance as soon as possible. And the best way to do this is to tell them early that you are not trying to get their money. Once they know that none of their money is at risk, they’ll be much more open to talking to you. Here’s the script to use:

FSBO: Hello?

You: Hi. Are you selling the beautiful home on 15 Oak Street?

FSBO: Yes I am. Who am I speaking to?

You: My name is Ken Johnson from ABC Mortgage and I was wondering what your sales price is on the home? Oh, and what’s your name by the way?

At this point, the fizzbo will be a little taken aback. His resistance is still high because he knows you are from a mortgage company, but you haven’t said anything yet to make him hang up on you.

FSBO: Well, my name is Bob and I’m wanting to get $200,000 for it. Now, why are you calling me?

You: Bob, I can hear the agitation in your voice, and I can probably guess why its there. Since you placed that for sale sign in your yard, you are most likely getting bombarded with calls from real estate agents wanting you to list your home with them. I can promise you that I’m not calling about that.

FSBO: Really? Then why are you calling?

You: I want to create a win-win partnership with you. One in that you sell your home quicker and with much less stress, and you don’t have to pay me a single penny.

FSBO: Well, I could use any help selling this house faster. But what’s in it for you?

You: Typically, during the time a house is listed for sale, it gets interest from dozens of potential buyers. Almost all of the prospects will not buy that particular home. But they still want to buy a home and probably need financing to make it happen. It is those buyer prospects that I want to get business from.

FSBO: Ok, I see. But how will you help me then?

You: I’m glad you asked that. Did you know that when it comes to selling a home „fore sale by owner“, most of the transactions never get completed? Were you aware of that?

FSBO: No, I wasn’t. Why is that?

You: The number one reason that those transactions never get to the closing table is because the financing was not properly established by the buyers. So they will go look at homes that they just can’t afford (because they haven’t been prequalified by a mortgage professional) and then go making offers. This results in a lot of wasted time (and plenty of stress) for the homeowner.

FSBO: So you’ll help me by prequalifying the buyers interested in my home?

You: Exactly! By allowing me to prequalify them (at absolutely no cost to you), you will only have to deal with those prospects who are financially able to purchase your home. Besides weeding out all of those buyers who can’t buy your home anyway, the process of prequalifying eliminates those prospects who are just „lookers.“ You know, the ones who are always driving around looking at houses for sale, but never intend to buy them.

FSBO: Wow. So you’ll do that prequalifying for me, and I don’t have to pay you anything?

You: Nope. Not a single cent. I will make my commission from the buyers side. Does this win-win situation sound like a good idea to you?

FSBO: Yes it does. What’s the next step?

Once you have the FSBO onboard, everything else will be cake. Each FSBO relationship that you establish should be able to provide you with several buyer prospects. Having a few FSBO partnerships will generate a steady stream of purchase mortgage leads. And because the time to maintain them is minimal (its basically just prequalifying prospects once you have your partnership created), you can have a number of ongoing partnerships going on simultaneously. Just remember to come across as not wanting to get any of their money, and they will be much more willing to work with you.

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Source by Joseph Pahl

Ways To Find Free Land And Property

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Claiming free land or property as a practice exists since the ancient times. You need to search and choose the right plot to claim. This article tells you how to claim effectively for free land.

Since time immemorial the practice of staking claim on free land or property has been in vogue. If one looks back at history, there are countless instances of such practices throughout.

From the pages of history one example that stands out in this regard can be said to be that of the new settlers who came to America. These people came claimed the free land and started building houses and creating farmlands on it.

Returning to the present, it can be safely said that there are countless vacant and unclaimed plots of land lying around unused and unregistered that can be claimed by common individuals like you and me.

The primary activity for you would be identifying a piece of free land to put your claim on. You need to be selective in this property identification process and undergo a little bit of detective work.

An unclaimed property always has some signs which one can identify. Overgrown gates and gardens, shrub lands, unused garages, broken or bordered up windows, even unused commercial concessions and industrial buildings can be examples of such signs.

Unclaimed property or a piece of unwanted land might be of various forms and you need to be able to identify the same with some sure signs. Some of these signs include: overgrown gates, overgrown gardens, shrub land, broken or bordered up windows, derelicts, fields, old commercial concessions, industrial buildings, unused garages and the like.

Once your identification is done, registration check is the next step for you. Contact the Land registry to know whether the plot of land is already registered, unregistered or is in the pending first application status.

If your selected piece of land is already registered, it may mean different things. For once, the owner might be dead without any relatives or may be that the relatives are there but have no interest in the said property. Infact it might also be the case that he has abandoned it for good and left the country altogether.

Now taking the second instance, that is, if the plot of land is unregistered, then this is your big chance! It essentially means it has no owner and has never been previously registered.

Thirdly, if the status is of 'Pending first Application', it means that someone else has already made a claim on it. So, you would be better off if you leave this plot and search for another such one instead.

You need to involve yourself in owner tracing after registration check since proof of your attempts to do the same would be required at the time of staking the claim.

Some helpful tips regarding this would be to primarily ask the immediate neighbors and then go check with the local post office, electoral roles, news agents, milkman, landlords or even the probate registry office in case he has already died.

When you are ready to claim claim on the property, a good idea would be to create an evidence of your claim start date. Although this is not mandatory, but get hold of two friends or neighbors to sign as witnesses to your document.

Moreover, creating a 'No Trespassing' Sign and putting it up a small fence around your property would quickly bring back any owner who might have pursued.

You can make money while the long claiming period gets over. This period can even go upto 10 or 12 years and what you can do in between is either rent out the land or hold events like boot sales and the like.

The immediate neighbors of the property would unduly be helpful towards your endeavor since nobody wanted to live around a derelict having overgrown gardens and garbage filled streams where there is chance of many unwanted activities taking place.

If you are looking for more information on adverse possession, you can get various CDs and booklets that would enlighten you on the different laws and legislations relating to the same and even websites who would undertake the outsourced owner tracing detection work from you.

There are various CDs and booklets available which talk about adverse possession and the legislations, forms and rules corresponding to the same. There are also private websites that carry out the detective work in tracing the owner and doing research about a said plot of land in exchange of a fee.

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Makler Heidelberg


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Source by Chase Garry Richards

What Homeowners Need to Know When Facing Foreclosure

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Understanding the Foreclosure Process

What Is Foreclosure?

Foreclosure is the process that allows a lender to recover the amount owed on a defaulted loan by selling or taking ownership (repossession) of the property securing the loan. The foreclosure process begins when a lender files the appropriate documents with the appropriate officials (see below for more details).

Colorado Foreclosure Laws

Colorado foreclosures occur through both in-court (judicial) and out-of-court (non-judicial) proceedings.

The judicial process is used when no power of sale is present in the mortgage or deed of trust. The process begins when the mortgage lender files suit with the court system. The borrower then receives a letter from the court demanding payment. Typically, you’ll be given 30 days to respond with payment or a written response to the bank’s attorney and parties involved. If you do not respond within the time limit given, a judgment will be entered and the lender can request sale of the property by auction. If you file a written answer with the court, there is a hearing and the process takes longer and can even be forestalled. If a judgment is entered, then an auction date will be set, usually several months in the future. Once the property is sold, you’re served with an eviction notice by the sheriff’s office, and you must vacate the home immediately.

The most commonly practiced method of foreclosure in Colorado is the non-judicial foreclosure process. It is carried out by a Public Trustee who acts as an impartial party. The process begins when the lender files the required documents with the Public Trustee of the county in which the property is located. The Public Trustee then files a „Notice of Election and Demand“ (NED) with the county clerk and recorder. Once the NED is recorded, the Public Trustee Sale of the property is scheduled to take place between 110 and 125 days of the recording.

Pre-foreclosure Period

Many factors can lead to default of payment on a home loan and eventually foreclosure. Many are not the fault of the homeowner. Perhaps it is due to a hardship (loss of income, military deployment, health or family issues) or to „loan fraud“ or „creative financing“ by the banks (Adjustable Rate or ARM, Option ARM, Negative Amortization, or Interest Only loan). Whatever the cause, facing foreclosure is not an enjoyable experience.

The foreclosure process usually begins after the homeowner has missed several payments and different attempts have been made by the bank to collect. Let’s look at what typically takes place and what you can normally expect.

Day 1: You miss your first payment

Day 1-15: Grace period (Some lenders only allow 10 days)

Day 16-30: A late charge is assessed

Day 30: Borrower is in default

Day 45-60: Lender sends „demand“ or „breach“ letter, and phone calls begin

Day 60-90: Lender sends letters and makes phone calls. A repayment plan or a loan modification plan may be offered.

Day 90-105: The lender refers the loan to the loss mitigation department/foreclosure department and retains an attorney to handle the foreclosure.

Day 90-?????: The lender’s attorney files the required documents with the Public Trustee, who then files a NED with the county clerk and recorder. Once the NED is recorded, the property is scheduled to be sold within 110-125 days at a Public Trustee Sale.

Notice of Sale / Auction

Once the NED (Notice of Election and Demand) is recorded, the notice must be published in a newspaper of general circulation within the county where the property is located for a period of 5 consecutive weeks. The Public Trustee must also mail a copy of the published notice to the homeowner within 10 days. At least 21 days before the Public Trustee Sale, the Public Trustee must mail a notice to the homeowner describing how to redeem the property and stop the sale.

If the homeowner wants to redeem the property and stop the Public Trustee Sale, he must file an „Intent to Cure“ with the Public Trustee’s office at least 15 days prior to the foreclosure sale. He then has up till noon of the day before the sale to bring the loan current and redeem the property.

The Public Trustee typically conducts the sale at the courthouse. Bidders must register in advance and have funds available. At the sale, the public trustee reads the written bid submitted by the lender, then any registered party may bid. The winning bidder is given a certificate of purchase.

Redemption Period

There is no longer any redemption period for the homeowner after a foreclosure sale in Colorado.

How to Avoid Foreclosure -What Are Your Options?

FORECLOSURE!

It’s a harsh word that most people avoid thinking about…until they have to. If you are several months behind on your mortgage, without money for professional help, and at the end of your rope…foreclosure may be the ONLY thing you can think about. It preys on your mind and leaves you feeling lost and vulnerable to the come-ons of the unscrupulous ‚professionals‘ who say that they are experts in foreclosures, but aren’t. STOP!

You may be in a difficult situation, but it is not hopeless. Foreclosure is not your only option! My name is David Stitt, and I’ve got good news for you. You do have alternatives. You just can’t see them right now. But by the time you finish this short guide, your vision will have cleared and options for your future…good options…will be right before your eyes.

You are not alone! In the United States, foreclosure filings have increased consistently over the past few years, with more new foreclosures reported in every quarter, pushing the foreclosure market to record levels. So you are not alone. But if you’re like the many thousands of people facing foreclosure, you’re scared and confused. You’re overwhelmed by the legal mumbo-jumbo of foreclosure litigation. You don’t know who or what to trust. You’ve undoubtedly been pinned to the mat by Realtors and Attorneys, warning you about the dire consequences you’ll face if you don’t use their services. Or maybe you’ve worked with mortgage brokers. They promise the world – or world-class loans – and then they don’t deliver. And then there’s the holder of your mortgage who is unwilling (maybe after months of negotiating) to budge an inch when it comes to working out a more affordable payment plan.

After all you’ve probably been through, I’m not surprised that you’ve given up hope for a ‚good‘ solution and may feel resigned to accepting foreclosure and the years of damage it will do to your credit rating. Once again, STOP! Don’t fall into despair. Things are not as bad as they seem. There are other options.

A helping hand when you need it.

This Survival Guide is exactly what the name says it is: a simple, no-nonsense approach to foreclosures. It was created to help you and other homeowners become better informed about the details of the foreclosure process. I believe that knowledge is power…and I hope that this guide will give you the power to avoid foreclosure entirely.

Once you know the facts, you’ll be able to make a well-reasoned and thoughtful decision and then take action with the confidence that you’re doing what’s best for you.

On the next couple of pages, we are going to take a look at your different options and the pros and cons of each. You will be given the information you need to make a well-educated decision regarding your situation.

What Are Your Options?

Forbearance

Forbearance is a payment plan that a debtor enters into with a lender when they are unable to make timely payments, often due to illness or another temporary situation. In forbearance, the lender will allow you to delay payments for a short period. You agree that after missing payments for a few months you will bring the account current by making larger payments. The problem is, more than 85% of debtors default after the first payment. They cannot continue to make the inflated payments after the forbearance period ends, and they are right back where they started.

Loan Modification

A loan modification is a permanent change in one or more of the terms of a mortgagor’s loan. This may help you catch up by reducing the monthly payments to a more affordable level. You may qualify if you have recovered from a financial problem and can afford the new payment amount. However, Loss Mitigation Departments are now undermanned, under experienced, and overworked. Nightmare stories abound on the subject of patrons having to hound and harass Loss Mitigation Departments to get their paperwork pushed through to escape foreclosure. After all the hassle, most homeowners are still denied any help and end up in foreclosure.

Partial Claim

Your lender may be able to work with you to obtain a one-time payment (loan to be paid at end of mortgage) from the FHA-Insurance fund to bring your mortgage current. You may qualify if your loan is 4-12 months delinquent and you are able to start making full mortgage payments.

Deed-In-Lieu (Voluntary Foreclosure)

As a last resort, you may be able to voluntarily „give back“ your property to the lender. You may qualify if you are in default and don’t qualify for any of the other options, your attempts at selling the house before foreclosure were unsuccessful, and you don’t have another FHA mortgage in default. „Foreclosure“ will most likely be reported on your credit report.

Loan Assumption

This is where someone else takes over the payments of your loan, usually in exchange for your property. Loans made after 1988 are almost never assumable.

Bankruptcy

Many debtors will spend a lot of money for an attorney to file a Chapter 13 bankruptcy – which is really a payment plan – only to lose the house. In essence you are paying the attorney instead of the lender. Before acting, know how much the process will cost and what your new increased monthly payment will be. Also know that if you miss one payment, your Chapter 13 will be dismissed and you will need to file Chapter 7. This will cost more attorney fees, assets, including your house will be liquidated and your credit report will still show a foreclosure.

Sale of Property

If the homeowner has equity in the property they can and should consider selling the property. The homeowner will receive a check at closing for equity over and above what is owed and closing costs paid. Most homeowners in foreclosure, however, have little or no equity. Be careful listing with a Realtor that can tie up your property for months.

Do Nothing

When it comes to the threat of foreclosure, procrastination is a prescription for disaster. Doing nothing changes nothing. Unless you take action, you will end up in foreclosure and your credit will suffer for the next 5-7 years.

Pre-Foreclosure Sale (Short Sale)

The pre-foreclosure sale program allows the lender in default to sell his/her home and use the net sale proceeds to satisfy the mortgage debt, even though these proceeds are less than the amount owed. It has two major advantages over a foreclosure: (1) You may be eligible for a new home loan after just 2 years instead of 5. (2) You should be able to avoid a deficiency judgment. When a house is sold at auction, the chances of the foreclosing lender filing a deficiency judgment increases dramatically. They will have years to come after you or to sell it to someone else who will.

As you can see, there are several options to consider – but consider you must! You cannot afford to stick your head in the sand like an ostrich and do nothing. Being in the state of denial is a bad state to be in! And as we said earlier, procrastination is a prescription for disaster.

Questions You Need to Ask

Questions You Need to Ask Yourself

1. If I file Chapter 13 Bankruptcy, will temporary relief from my monthly mortgage payments mean that I will be able to stop foreclosure forever…or will I be unable to keep up with my payments when they resume and I end up in foreclosure again?

2. If I choose Forbearance or a lender payment plan that gives me temporary relief from payments I can’t afford now….will I be able to afford the inflated monthly payments that I’ll have to make in the future, or will I end up in foreclosure again?

3. If I am unable to meet my monthly expenses now, can I commit to a payment plan…or should I just give up my house to a lender with a Deed In Lieu and accept the bad foreclosure mark on my credit history?

4. If I do something now, will I have more options available to me…or should I wait until the sheriff is at my doorstep with an Order to Vacate and hope that he/she will show me mercy?

5. If I consult with an experienced Real Estate Investor, will I be able to get out of this situation without ruining my credit…or is my only option to spend thousands of dollars for Attorney fees, Realtor commissions and still run the possibility of losing my house?

Questions to Ask Your Mortgage Broker

1. Do you guarantee in writing that you will close my loan before my case goes before a judge in court?

2. What interest rate will you charge?

3. How many points do you charge?

4. What will my monthly payments be compared to what they are now? Higher? Lower? The same?

5. What will the total of all closing costs be?

Questions to Ask Your Attorney

1. If I file for Chapter 13 bankruptcy, will it stop foreclosure or just stall it?

2. What are your fees for filing bankruptcy papers and handling my case?

3. What will my monthly payments be compared to what they are now? Higher? Lower? The same?

4. What happens if I default on my payments because I can’t make them?

5. Can’t I file a bankruptcy myself at the courthouse and save thousands of dollars?

Questions to Ask Your Realtor

1. Do you guarantee in writing that you’ll sell my house before my case goes before a judge in court?

2. Do I have to pay your commission if I find someone on my own who wants to buy the house?

3. How much do I owe you if you don’t sell the house and I lose it to foreclosure due to a judge’s ruling?

4. If the sale price doesn’t cover my indebtedness and your commissions, do I have to reach into my own pocket to pay you?

5. How long will your listing contract tie up the house and entitle you to a commission?

Questions to Ask Your Foreclosing Lender

1. Can you work out a payment plan (forbearance) with me and will you put everything in writing before I agree to it?

2. If I agree to these terms, will you agree in writing to stop the foreclosure?

3. What will my monthly payments be, compared to what they are now? Higher? Lower? Same?

4. If I’m late on this payment plan, do you start where you left off with the foreclosure?

5. Since forbearance means a big increase in monthly payments, can you tell me how many people end up back in foreclosure because they cannot afford the monthly payment?

What To Do Now

Step 1: Get answers to your questions.

Not only do you need answers to the questions above, but there may be other questions you are asking yourself. Don’t be intimidated by the ‚experts‘ you’re consulting. Remember they work for you.

Step 2: Make a decision…and follow through on it!

Once you have the facts you can decide on how to proceed and who you need to help you. The sooner you act, the sooner you can reverse the downward spiral and change your credit from bad to better.

Step 3: Act Now!

After you’ve done your homework and feel you’ve come to an informed decision, you’re halfway there. Don’t let inertia set in. Don’t procrastinate. ACT NOW before your window of opportunity closes.

One final thing to consider: Get a Forensic Loan Audit!

A large majority of the loans made during the last 10 years, especially sub-prime and adjustable rate mortgages were not done properly and have errors and violations.

The Forensic Loan Audit is the FIRST STEP you should take to properly prepare for any type of litigation or any type of solution when dealing with your lender. Audits are used as a valuable tool to get your file to the top of the lender pile and to get your case noticed and heard!

The more violations found in your mortgage, the more LEVERAGE you have to argue your case against your lender. With millions of homeowners requesting financial solutions, it is increasingly more difficult to get the results you want when you need them. You need every tool, every amount of leverage possible! The Forensic Loan Audit is that tool!

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Will a Real Estate Agent Sell My House For Top Dollar?

Immobilie bewerten, Immobilie Wert, Immobilienrechner, Verkaufsrechner, Immobilienwertermittlung Tel: 06227-399170 Handy: 0176-2116-9990 eMail: info@heidelbergerwohnen.de Internet: www.heidelbergerwohnen.de

Some of the benefits of selling your property to a real estate agent are that they can tell you how much your property is worth (retail value) and sell it close to that price. Unfortunately for most sellers, their homes are typically worth a lot less today than they would like. Neither an investor nor a real estate agent will be able to be help much with this aspect of home selling because a seller's house is worth what the market is willing to pay. To find out what the market is willing to pay for your house a real estate agent uses comparable sales. "Comparable sales" is a real estate term for nearby, similar homes that have sold recently. Anyone can now check the value of their house based on comparable sales with websites such as CyberHomes.com and Eppraisal.com. You can find the value of your property through an agent but now through the internet, you can also figure out the value yourself.

Can a real estate agent sell your house close to your house's actual value or greater? In my local area most houses are selling for about 90% of their value. Subtract the 6% real estate fee and most home sellers are getting 84% of the value for their house. On RealEstate.AOL.com you can check the average house value and average house sale prices for your local market – right now you will find a discrepancy with the sale price being a lot lower than the value.

However, the higher the price your house sells for, the more money your agent will make, so there before an agent has more motivation to sell your house quickly, right? Consider this, the average home sale price (in my local market) is about $ 180,000. Your agent will make 6% of the sell price or $ 10,800. This commission is shared between the listing agent and the selling agent. So now, your agent will get $ 5,400 for your house. However, the real estate agent needs an agency since it is illegal for a real estate agent to represent buyers or sellers in a real estate transaction without first signing with a broker's agency. Each agency requires different commission splits from a 50/50 split with a novice agent to an 80/20 split with an experienced agent. So now the agent has $ 2,700. The agent is taxed on their income rate plus 15.3% in "self-employment income." That may be 30% + 15.3% taxes on the $ 2,700. $ 2,700 – 45.3% is about $ 1,500 leftover. So for your $ 180,000 house a real estate agent will probably make a little more than $ 1,500. Let's say that he or she works very hard to market your property and gets you an extra $ 5,000. The agent will only earn $ 41 ($ 5,000 x.06 – 50% (list agent and buyers agent) – 50% + (agency) – 45.3% (taxes)). How likely is it than an agent will do the work required to bring you $ 5,000 and then get paid $ 41 for their efforts? The chance of this happening is nil.

However, if a real estate agent lists your house lower, it will sell quicker. If your house sells quicker the agent can sell more properties and earn money faster then they can by negotiating a high sale price on fewer properties.

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Source by Jonathan Hendrix

How to Write a Home Sale Ad

Immobilie bewerten, Immobilie Wert, Immobilienrechner, Verkaufsrechner, Immobilienwertermittlung Tel: 06227-399170 Handy: 0176-2116-9990 eMail: info@heidelbergerwohnen.de Internet: www.heidelbergerwohnen.de

Many people are choosing to sell their homes without a Realtor these days, a plan that can save you some serious money. Of course, your house has to actually sell before you can consider that strategy effective. Below are some tips and tricks for writing an ad that generates interesting in your house and, hopefully, leads to a sale.

o Consider your ad options. Not very long ago, a real estate ad had only one purpose: to appear in your local newspaper. And while newspapers are still a great option, modern technology calls for a more far-reaching marketing strategy. The best place to start is by asking yourself where you would look if you were in the market to buy a home. The answer, for most people, is the Internet. It's ideal becase you do not need to leave your house to browse the selection, and it's ready whenever homebuyers are. These are the same reasons you want your ad to be online, and there are plenty of for sale by owner (FSBO) websites that will be happy to run your ad. Newspapers, of course, are a tried-and-true option that should not be discounted, even with the Internet's prominence. If you're outside a major metropolitan area, make sure that your ad appears in your local paper, as well as a large daily in nearby cities; you never know when someone will want to move out of the city and into a more rural location.

o Set the scene. It only takes a few words for homebuyers to grab the nearest phone and beg to see your home-or for those same homebuyers to turn the page without giving your house a second thought. Include basics such as the style (ranch, two story, etc.) and the number of bedrooms and bathrooms, but you also want to include descriptive phrases that help people imagine themselves living there. Make it easy on readers by spoon-feeding them gems like, "Spacious kitchen that opens into a great room-perfect for entertaining" or "Remodeled master bathroom that recreates your favorite spa."

o Put a positive spin on things. It's not okay to lie, but it is okay to make your house sound as charming as possible. If it's not move-in ready, say something like, "Ready to be fixed up into the home of your dreams." And if you live in a neighborhood that has a less-than-desirable reputation-maybe it's known for older homes without much space-be sure to convey how your house is different. Describe how your house sits on a big lot or the fact that you have an oversized garage that can be used as a workshop. Give homebuyers a reason to change their minds about the neighborhood.

o Create a winning headline. It's the first thing people will read, so it has to grab them. Pick out the absolute best feature or character of your house and make that the headline: "Upscale family living at a great price" or "Sprawling country retreat with orchards," for example.

o Include a photo (or two). While fabulous copy can create an attractive mental picture, there's no substitute for an actual photo. When you have plenty of space-website ads and flyers, for example-include multiple photos of the inside and outside of your home. When you only have room for one photo, it should be the outside of the home, preferably taken on a sunny day. No matter what angle or space you're photographing, the number one rule is "clean and tidy." Clear out all clutter before snapping a picture, and be sure the area is spic and span.

o It's all about the price. It's astounding how many home sellers omit the asking price in their ad. Whether by accident or intent, it's a mistake. It does not matter how much someone loves your house, if it's $ 100,000 over their budget, you've wasted your time and their reasons because there's no way they'll be making an offer. Letting people know up front how much the house costs is both efficient and courteous. You do not have time to field 20 calls a day from people inquiring about the cost, only to have them slam the phone down upon hearing it. You want to take phone calls from people who know the price, are comfortable with the ballpark, and want to set up an appointment to see it.

o Keep it short and sweet. The paragraphs, that is. The best way to lose someone's attention is to cram a lot of info into rambling paragraphs. Bullets are a great way to separate facts into easily digestible bites.

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The Origins of the Six Percent Real Estate Agent Commission

Immobilie bewerten, Immobilie Wert, Immobilienrechner, Verkaufsrechner, Immobilienwertermittlung Tel: 06227-399170 Handy: 0176-2116-9990 eMail: info@heidelbergerwohnen.de Internet: www.heidelbergerwohnen.de

The commission paid to the Real Estate agent is a serious amount of money and a concern in any transaction involving the sell of Real Estate. Where did this six percent commission come from?

The idea of a 6% Real Estate commission being paid to the agent originated during the 1940’s when local Real Estate Boards openly engaged in price fixing to establish a standard rate. This process was an out and out case of an unfair practice, but the 1940’s was a time when the attention of the country was directed to some serious external matters and the idea took hold and spread quickly through the industry.

In the early 1950’s, the Supreme Court ruled that an established 6% commission was illegal. Rather than open up commissions to a more competitive and free market system, the Real Estate Boards merely shifted gears with a bit of fancy linguistic footwork and began to call the 6% commission the „suggested“ amount. During the 1950’s and 1960’s, they managed to get away with this practice without much trouble as the majority of real estate agents complied with the suggestion.

In the 1970’s lawsuits brought against the Real Estate Boards effectively put the skids on this practice. The Real Estate agent’s commissions were opened up to competition without the Boards either being able to mandate or even suggest 6% as the carved into stone rate. However, the rate did not alter very much in the years following these court cases. Although the rate may not have been carved into stone, it was pretty much established in the Real Estate market as a standard.

Generally, competitive markets benefit consumers. As long as someone is willing to offer a discounted rate, it would seem that the consumer stood to save money. However, the proponents of a standard 6% rate commission point to such things as health care to argue that the standard rate may actually be helping the consumer by holding the commission down to 6% rather than propping it up to that level. Although the cost of health care is not regulated, the general trend has been straight up off the charts.

Real Estate agents would be quick to point out that if you were to take a close look at just about any service or product being offered or sold in the 1940’s, you would find a very serious increase in cost to the consumer. Except for Real Estate commissions which are still right around 6%. The amount being paid to the agents has increased greatly merely because the value of the property being sold has increased. Today, the internet has been responsible for a few chips in the rock of the 6% commission by offering some straight fee or reduced rate services that allow the sellers to list their own properties. The results are still mixed and the 6% commission is still the standard.

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Source by Raynor James