Good news continues to flow in that benefit the California real estate market, Interest rates are at the lowest level in recorded history. The largest institutional banks settled for a staggering 25 Billion dollars with the Federal government for inappropriate foreclosure activity and now the California Homeowners Bill of Rights is completely implemented. All have led to a resurgence in the California real estate market that will benefit homeowners as prices should continue to increase due to the positive economic factors.
But probably the best news is that foreclosure activity is down 65% from January 2012. Couple this with the banks being much more active in “working things out” with delinquent homeowners and with the Homeowners Bill of Right instructing California lenders to stop the process of dual tracking will only lead to more future positive news for homeowners and real estate professionals throughout California.
It’s now been one year since the World Health Organization (WHO) and the Centers for Disease Control and Prevention (CDC) declared the COVID-19 outbreak as a pandemic. The official declaration allowed all levels of government, from the federal government down to city levels, to initiate various forms of restrictions and shutdowns in an effort to combat it.
Some of the actions taken appeared to be an honest attempt to combat COVID, but as time has passed, the imposed restrictions seemed unimaginative and outlived their effectiveness. Close to 100,000 businesses permanently closed. Almost 15% of the workforce was unemployed in April, 2020. By the end of the year, the unemployment rate decreased to 6.2%, but still higher than the pre-COVID rate of 3.5%.
Thankfully, all levels of government are in the process of relaxing the restrictions, a positive sign for people and businesses who have endured throughout and been challenged financially.
The Real Estate Market Performed Well in 2020
By the end of 2020, Median Market Prices for single-family homes rose to $625,350.00 in Los Angeles, an increase of 13.7% year-over-year. The sales volume of single-family homes also rose by over 30%.
While commercial properties and “other” types of real estate rose at a rate less than single-family homes, they still experienced positive increases in both market price and sales volume even though some commercial landlords were having difficulty collecting the monthly rent from tenants.
There are two reasons that that the real estate market has performed well over the past year in spite of COVID:
- Historically low interest rates. In January, 2021, the 30-year interest rate was 2.65%, down from 3.74% during the last week of 2019. In 2020, many homeowners and commercial property owners took advantage of the low interest rates by refinancing their properties and, in the process, reduced their monthly expenses
- Lack of real estate inventory (Properties Listed for Sale) relative to buyers making offers in the marketplace. Excess demand relative to lower supply caused real estate prices to increase
Interest rates have risen slightly since the start of 2021 but remain at near historic lows. Moreover, market indicators show that there’s very little chance of interest rates rising to a level that would be detrimental to the economy and more specifically to the real estate market.
There are Still Challenges to Overcome in 2021
There are some possible events on the horizon that could have negative effects on the real estate market. Homeowners and renters could be required by mortgage lenders and landlords to begin paying back deferred mortgage payments and deferred rental payments.
We believe that a workable plan will be reached between real estate borrowers and lenders, and tenants and landlords that shouldn’t prove to be an overbearing financial burden, since mortgage lenders and landlords will only win when borrowers and tenants are not in financial binds.
In addition, there will be a reduction in many of the government stimulus programs moving forward, but the “Sunsetting” of such programs will be more than offset by opening and expansion of many categories of businesses and the related increased job availability which should reduce the unemployment rate.
Westar Lending Group originates residential and commercial hard money loans for people looking to purchase real estate, refinance properties or take cash out for a business or investment opportunity. We anticipate that real estate prices will most likely not continue to rise at the same rate as they have over the past year, but overall, the real estate market should continue to remain strong in 2021. If you’re thinking of purchasing another property, consider making that move in 2021.
For example, if a great business or investment opportunity is presented, it’s possible to access the needed equity for a loan from an owned property. However, proceed with the upmost care and caution whenever reviewing or contemplating any possible investment opportunity.
We believe the following market Indicators will continue to remain strong in 2021:
- Low mortgage interest rates
- Low property inventory (MLS listings)
- Excess buyer demand
- Reduced COVID restrictions
- Increased economic activity
- Possible increased consumer confidence
Nearly 100,000 establishments that temporarily shut down due to the pandemic are now out of business
Monthly unemployment rate in the United States from February 2020 to February 2021
Mortgage Rates Little Changed
Mortgage Brokers Tip # 17 – Originating Hard Money Loans
Originating Hard Money Loans – Our company has been in the Mortgage business since 1986, and along the way we have celebrated “The Good Time” and endured “The Bad Times” in our more than 30 years in business.
Many of us started in the “A” Paper Business and traveled through the Sub-Prime Market to end up in the Private Equity/Hard Money Loan business. Each “Type” of Lending Product has its own unique marketing strategies, unfortunately some are no longer effective, but some are still effective, in addition to new marketing opportunities available today due to technological advancements.
Since the Mortgage Market changes much like the weather, what’s the marketing “In Thing” to do this year, just may be old news come next year. We all change our clothing when the weather changes, and to stay in the Mortgage Game we MUST change and adjust our marketing efforts when the mortgage market changes. We’ve all heard the age old saying “The only thing that’s certain in life, is death and taxes. We reluctantly offer a 3rd certainty………. the mortgage market changing………………..and it does and will continue long after we’re off to that “Great Mortgage Company in the Sky”.
The following ideas and suggestions are designed to help Mortgage Brokers add originating Private Equity/Hard Money Loans to their list of offered loan programs………….and hopefully submitted the loans to our company for funding and……………………………making more money!!!!
Current Hard Money Borrowers
It’s a sad fact of life that so many Borrowers who are in the position to only obtain a Hard Money Loan seem to remain in the position. Every time a Borrower applies for a Hard Money loan with our company we always counsel them on “Having a Plan” to get out. Sometimes they do, but some many other times they don’t.
Due to the Dodd-Frank Consumer Lending Law, just about all Owner-Occupied properties are out of the question for Hard Money Loans, except for either Business Purpose or Investment purpose loans, but this situation rarely applies when a Hard Money Loan is refinanced.
We always find the great looking Post Card works best, they can’t help seeing your lending proposal, but letters also work well also. These Borrowers are always open to getting a better loan, and since Interest Rates are down for even Hard Money Loans, Borrowers who can only qualify for a Hard Money loan still might be able to get a lower interest Rate then they currently have or get cash out for another purpose.
Your company’s Title Company can provide a list of property owners who are designated as having a Hard Money/Private Equity Loan. While some of the provided leads could be Seller Carrybacks, which are most of the time are at high LTV’s, a quick review of the list should allow for the Seller Carryback leads to be purged.
Small & Unique Commercial Properties
The reason that this is a good target marketing list is that most Big Banks and Institutional Commercial Lenders have minimum lending amounts, be it $250,000.00, 500,000.00 or more. There are many commercial lending opportunities available to where the Borrower only needs a $150,000.00 or some other size loan that the Big Banks just pass on. Also, a lot of special use properties, such as Auto Repair, Muffler Shops, light industrial or very small office buildings are great prospects for originating financing.
Again, this would be a Snail Mail Campaign, and your Title Company can provide you a list of prospects. Originating Hard Money Loans
Since we’re talking about lending to the property owner and not the Business owner, which can be the same in an Owner User situation, the mailing piece needs to be addressed to the address where the property owner received the property tax bill.
Probate Properties & Probate Attorneys
There isn’t a Big Bank or Institutional Lender on the planet that will lend on property that is tied up in a Probate court case. The Borrower is always the Executor or Administrator who signs on behalf of the Probate Estate with authority provided to them in “The Will” or by an order from the court.
There are many great opportunities available here by targeting Probate Attorneys for possible lending opportunities Now or in the future. While not every Probate is handled by a Probate Attorney, typically Probate Estates that include substantial equity in real estate have an attorney involved.
The Marketing Campaign is an E-Mail outreach program. Originating Hard Money Loans
We have found that mailing a post card or letter to Probate Attorneys typically end up in the trash and is not effective in branding a company that offers Probates Loans. There are services that will sell lists of Attorneys that includes their phone number, business location and their E-Mail address. We have found that the available lists have high costs and cover all types of Attorneys. So, purchasing such a list would include Slip & Fall Attorneys etc, and they’re just not good Attorney prospects for real estate financing.
It takes time and can be done on an ongoing basis, but the California State Bars website has E-Mails for most member Attorneys, that can be cut and pasted into a data base. It’s a time-consuming job, but just getting 10 Attorney’s E-Mail addresses a day is 50 a week and later over 200 a month. In a short time by only spending a few minutes a day will build a good size database to market to Probate Attorneys.
Probate Loan are just about exactly the same as a traditional Hard Money Loan as far as Interest Rates, Loan Terms and LTV, but with just a little Probate Court requirement.
That’s about our best Marketing Suggestions for now………………. we know it doesn’t sound like a lot of fun, but rarely do we have the opportunity to get for having fun, but hard work and taking action will lead to more money.
Originating Hard Money Loans
If anyone has any questions or would like to discuss the above Marketing suggestions and how they can help make more money for all us, then please call our office at (888) 797-7970. Originating Hard Money Loans
In May of this year congress passed a “Roll Back Bill” to the Dodd-Frank Consumer Lending Law that was signed into law by President Donald Trump. There was some Bi-Partisan support for the law that made several substantial changes and modifications to the Dodd-Frank Law that went into effect back in July 2010. While the just passed rollback law mostly effects smaller regional banks, by increasing their regulatory Threshold Assets from $50 Billion up to $100 Billion, the real encouraging news is that there is Bi-Partisan support in Congress to continue making additional regulatory rollbacks.
1031 Tax Free Exchange will Save You Money
1031 Tax Free Exchange – Since property values are going up some of you might be considering selling and taking profits on your properties. If the property you are considering selling is NOT your personal residence and qualifies as an investment property then the option is available to sell by taking advantage of IRS tax code section 1031. This is the tax code that allows investors to defer paying capital gains taxes when selling investment properties. This procedure is referred to as a “1031 tax free exchange”.
Under current tax laws the capital gains tax rate for selling investment property is taxed at a rate of 15%. The tax rate for capital gains is lower than most marginal tax rates, so it would be beneficial to take advantage of selling using a 1031 tax free exchange to get immediate tax savings.
There is a catch as there so often is with tax laws exceptions. The catch is that you can’t get your profits in cash, but you are allowed to roll over your profits into another investment property that you MUST purchase within 180 days.
If you don’t “need the money now” then rolling your profits into a replacement property will add to your net worth by saving taxes now and should allow for greater appreciation of the property purchased.
One other reason to do a 1031 tax free exchange is that the IRS calculates a 3% depreciation amount for every year an investment property is owned. This amount is “re-captured” at the time of sale by being added back into the property’s cost basis and taxed at the taxpayer’s marginal tax rate. Taking advantage of selling using a 1031 tax free exchange will also allow for the taxation of IRS depreciation to be rolled into the replacement property.
Under IRS tax code 1031 a tax fee exchange is treated as an exchange and not as a sale. This is an important distinction since selling is always treated as a “taxable event”.
It is this unique distinction that allows for any profits also known as capital gains to be transferred into the replacement property. It is VERY important that each requirement of tax code 1031 be followed very carefully as the devil is in the details, since if all requirements are not followed the exchange can be rejected and the “sale” will then be subject to capital gains taxes in the year of sale.
A few things need to be explained or defined prior to going any further:
Capital Gains: Taxable profits from an investment property
Like Kind Property: Property qualifying to be included in a 1031 tax free exchange must be considered like kind. In the world of real estate all real estate is considered like kind.
Replacement Property: This is the property that is purchased.
Accommodator: Company or third party that accepts and controls the net money from the sale of the property sold while the 1031 tax free exchange is in process.
Boot: Any sum of money received by the seller of a property in a 1031 tax free exchange. The amount of money received is taxable at the taxpayer’s marginal tax rate.
Recaptured depreciation: This is the taxable event that is triggered upon the sale of investment property when depreciation is added back to the cost basis of the property. The IRS 3% annual depreciation calculation is added back at the time of sale and taxed at the tax payer’s marginal tax rate.
“3” Property Rule: This is the rule that states that no more than 3 potential replacement properties can be identified to the IRS in any 1031 tax free exchange.
The general requirements of an IRS 1031 tax free exchange are:
- The property must be an investment property
- The replacement property much be like kind
- The replacement property much be of equal or greater value
- The seller is prevented from receiving the net cash proceeds
- The funds much be handled by a third party, known as an accommodator
- The replacement property much be identified within 45 days
- The purchase of the replacement property must close within 180 days
There are applications in the law that allow for “partial tax free exchanges”. Under this situation the percentage of cash received under the law is referred to as ‘Boot”. In partial tax free exchanges the proportional percentage of cash received from sale of the property will be subject to the recapture of property depreciation and becomes a taxable event in the year the property is sold.
There are companies known as accommodators that can be retained to perform the duties of handling the funds, filing required forms and completing paperwork required to finalize an IRS 1031 tax free exchange. There are companies that only act as accommodators. There are also escrow companies that provide accommodation services in addition to standard escrow services.
It is very important that any accommodator you chose to handle your transaction needs to have adequate insurance and fidelity bonds to guard against misappropriation of your money while in their custody. There are many reputable companies that can professionally handle an IRS 1031 tax free exchange.
There are reasons other than tax deferment to consider when selling by way of an IRS 1031 tax free exchange. Some things to also consider are:
- Relinquishment of management duties: The options exists to exchange into a managed real estate investment where monthly management duties are handed by a management company or by a general partner or some other management arrangement.
- Exchange into a triple net property: Where management duties, costs and expenses relating to property ownership are transferred to the tenant occupying the property.
- Exchanging multiple properties: It is permissible to exchange numerous properties into one replacement property thus reducing multiple management duties required when owning more than one property.
With tax rates high and possibly going higher in the near future it only makes sense if you are considering selling to take advantage of IRS 1031 and defer taxes now. In a future Blog we will be discussing tax advantages available when selling a personal residence.
Why Finance with a Hard Money Loan
Hard Money Loan – There are some people who will never need to borrow against any property they own or finance a property they are planning to purchase with a hard money loan. This can be attributed to great credit and great income levels or never having the need to “get the money fast” due to circumstances requiring urgency or immediacy.
Then there are people that don’t have perfect credit or those that don’t have the monthly income needed to satisfy the typical approval profile of the big banks or institutional lenders. Their alternative is to seek a hard money loan.
What is a Hard Money Loan?
A hard money loan is an asset-based loan meaning the collateral for the loan is an asset, typically a property. A hard money loan is issued to borrowers who cannot qualify for a bank and/or institutional loan because of poor credit scores or lower-than-accepted monthly income levels. Hard money lenders, like Westar Lending Group, fill the void and are there to help with the assistance of private investors and private investment companies by their side.
While the interest rate and mortgage loan costs are typically higher for hard money loans (because of the higher risk involved in financing the loan) many of the negatives associated with them are offset with the benefits attributed to the use of the money borrowed.
The Benefits of Hard Money Loans Come From What You Do With The Money Borrowed
Loaned money can be used for most any purpose such as paying off higher interest rate loans or credit cards. Paying off a higher rate with a lower rate will save money. That’s easy to understand. Other benefits include starting a business or investing in additional real estate. If the business is successful or the investment property goes up in value or provides positive monthly cash flow then the use of a hard money loan has benefited the borrower.
Then there are those situations where the benefit is simply the receipt of the money needed to pay obligations or supplement living expenses when life gets a little rough. The use of a hard money loan to fill a money gap in life should only be considered as a short term solution since there is a monthly interest payment due that just might become an additional financial burden if monthly income is not increased or augmented to offset the costs associated with the loan.
Interest Rates On Hard Money Loans
Interest rates on hard money loans can be up to 10% higher than the rates offered by banks or institutional real estate lenders so it is advised to use the proceeds of the loan prudently and carefully.
One of the situations where a hard money loan is currently employed is where active buyers of distressed properties simply do not have the luxury of time to get a bank loan or the banks are not lending on speculative real estate investments or where there exists more potential deals than money possessed by the interested buyer. So often a buyer will purchase property “A” for cash but then property “B” comes along and the buyer doesn’t have enough money to the buy it but there appears to be enough potential profit to justify any financing costs. So the buyer will typically borrow money on property “A” and use the proceeds to purchase property “B”. The profit derived from property “B” more than offsets the costs of money from the hard money loan.
If property buyers are successful in the home buying business, they will eventually accumulate more money as more deals are consummated so the need for hard money will decline as they become more successful.
But sometimes in life opportunities just keep coming in, so the funny thing about money is you just never have enough.
Opportunity is Knocking
Opportunity is Knocking – With the current improvement in the California real estate market it just might be a good time to look into using the equity in your home to purchase a second property. The equity in your home can be used to get the down payment money to purchase that new property.
Many people have suffered from the mortgage meltdown that began in 2007 and from the overall real estate recession by losing their homes. So many people have been put in the position of going from being property owners to being renters. This recent event has caused an imbalance in the supply and demand ratio for available rental properties currently on the market. This has caused monthly rental amounts to increase and has provided the opportunity for real estate investors to take advantage of higher monthly rents. With current mortgage interest rates (now at historical lows) triggering lower monthly mortgage payments, the definite possibility exists for positive monthly rental net income.
Most institutional lender are not currently providing financing for cash out which many potential homeowners need in order to purchase an investment property. Private real estate financing does not live by the same constraints that the big banks or large institutional lenders are required to operate under when making lending decisions.
While the interest rates for private real estate financing are higher than traditional financing sources the opportunity that the current real estate market is offering far outweigh any additional interest rate expense. Opportunity is Knocking.
With one call and a few minutes over the telephone our company can calculate the costs associated with purchasing a second property and determine the ongoing monthly expenses from owning and managing a rental property. We can show you the amount of monthly rental income you can earn each and every month which would be in addition to any increase in property values leading to an appreciation in your net worth.
The old adage that “a rising tide lifts all boats” apply so perfectly to the real estate market. Owning one property when the real estate market goes up will get additional equity resulting in increased net worth. But when two properties are owned the owner gets a multiplier effect of having two properties increase in value leading to increased equity in both properties and an exponential increase in net worth for the benefit of the property owner.
It is so true two is better than one!!!! Opportunity is Knocking
When can a Private Equity Loan Help your Borrower
Hard Money Loans for Mortgage Brokers – While most Mortgage Brokers focus most of their time and energy originating “A” Paper Loans, situations do come up when even an “A” Paper Borrower might need a Private Equity Loan in order to “close the Deal”.
Most of the time this situation occurs when the “A” Paper Lender is dragging their feet or better yet going crazy with underwriting conditions that are imposed on the Mortgage Broker’s Borrower.
We have seen instance after instance where due to a small insignificant matter led an “A” Paper loan going down the drain. In such a situation time might not be available to close escrow with another “A” Paper Lender in the time agreed to in the Purchase Contract with the Seller. Or in the case of a simple refinance where the Borrower needs funds for a Business or Investment purpose a Private Equity Loan can provide a Mortgage Broker’s Borrower the funds they need when the “A” Paper Lender proves difficult.
When might a Borrower Need a Private Equity Loan?
Following are the most common situations where a Mortgage Broker should suggest a Private Equity Loan to their Borrowers:
The Borrower has Credit Issues:
- Current and past delinquent mortgages and consumer credit that are not acceptable to the big banks and other institutional lenders.
The Borrower has Income Issues:
- This covers everything from limited income documentation to no income documentation whatsoever, either way the big banks aren’t accepting the income documentation
There are Property Condition Issues:
- Deferred maintenance and contemplated property additions not allowed with traditional bank financing
In additional there are numerous types of properties that the big banks and institutional lenders will not often fund, some of which are:
- Gas Stations
- Auto Repair Facilities
- Fix & Flip Transactions
- Vacant Land
- Unpermitted property additions
The Borrower Needs the money FAST:
When money is needed faster than the big banks or institutional lenders can provide – Hard Money Loans for Mortgage Brokers
A Mortgage Broker that offers a Private Equity Loan to their Borrowers can prove be a good business decision for both the Mortgage Broker and their Borrowers.
Mortgage Brokers should ALWAYS inform their Borrower/Clients that anytime a Private Equity Loan is obtained that a plan should be put in place to pay the loan off, by either refinancing when credit, income & the property is acceptable to an institutional lender or by simply selling the property.
Often times Borrowers contact our company directly or through their Mortgage Broker to obtain funds for a GOOD business or investment deal that would not remain available when allowing for Institutional Lender’s loan processing time frames. We always suggest a plan to pay the loan off, whether that plan includes credit repair, income documentation matters or necessary improvements to the property’s condition. Often times income documentation is a much harder challenge, since the underwriting requirements of institutional lenders often demand two years’ documentation of business income and often the same time frame for employed Borrowers.
This type of situation provides an opportunity for Mortgage Brokers to earn a commission from originating the Private Equity Loan and later another commission from originating the institutional refinance. Hard Money Loans for Mortgage Brokers.
We’re currently offering Private Equity Financing at interest rates that range from 9% to 12%, with most of the loans our company funds having an interest rate of approximately 10%.
Whenever a Mortgage Broker has a Borrower who might need or benefit from obtaining a Private Equity Loan all the Mortgage Broker needs to do is provide us with the address and the “Deal Points” and our company is usually able to make a lending decision, which includes a proposed interest rate, loan terms together points and closing costs.
Submitting the Borrower’s information to our company can be done over the phone or through the Mortgage Broker Portal on our company’s secure website.
We always provide a preliminary underwriting response the day a Mortgage Broker submits the Borrower’s information to our company.
Private Equity Loans are very much like institutional loans but with only a few differences. The primary differences being the approval requirements and the funding speed. Private Equity Loans are much easier to get approved when credit or the condition of the property is an issue.
The typical time frame from Mortgage Broker loan submission to funding in typically “1” to “2” weeks. There are instances when it takes longer but that is usually associated with title matters or matters not disclosed by the Borrower that later pop up at the last minute that requires additional time to resolve.
Our company is highly dedicated to serving the needs of the Mortgage Broker community and their Borrowers with Private Equity Financing.
Our company has a convenient online Broker portal just for Mortgage Brokers on our company’s website that makes it convenient to obtain a loan quote on a potential loan or to get a formal loan approval on a loan in process. Our website is fully secure and is an accredited SSL domain.
If you are a Mortgage Broker and would like to obtain additional information on how a Private Equity Loan can be a valuable choice for both you and your Borrower, then please call our company at (888) 797-7970.
Mortgage vs. A Deed of Trust – What’s in a Name?
Mortgage vs Deed of Trust – Have you ever heard the term “I need a mortgage” or “I just refinanced my mortgage” or another other statement that contains the word mortgage? Was the person making that statement talking about a property in California? Was that person you?
The public has a huge misconception when referring to the legal document used in California known as a mortgage when discussing real estate financing. This is due to the fact that there is no such thing as a mortgage in California. Our country is comprised of 50 states with each state having its own unique laws and customs. States are free to adopt whatever type and form of legal real estate documents.
California is known as a “Trust Deed State” which refers to California legislation requiring that for promissory note to be used as a lien on a property it must be secured with a deed of trust.
The word “mortgage” has simply been adopted by California society as the normal and customary way of referring to a deed of trust, whether knowingly or unknowingly. In fact, there is a mortgage company or bank on just about every corner that advertises low rates on mortgages. So even the lenders and banks who lend money to purchase or refinance real estate in California are using the wrong word. There are many other such misconceptions often used customarily in society.
The main differences between a mortgage and a deed of trust are listed as follows:
|Mortgage||Deed of Trust|
|2 party instrument||3 party instrument|
|Borrower: Mortgagor||Borrower: Trustor|
|Lender, Mortgagee||Lender, Beneficiary|
|Trustee: Has Power of Sale|
|Reconveyance by Mortgagee||Reconveyance by Trustee|
|Foreclosure by Judicial Action||Foreclosure by Trustee Sale|
As you can see the title of the parties to each respective document is referred to differently, but in each document there is a borrower and there is a lender. It’s just the deed of trust that has the 3rd party that a mortgage doesn’t have. The 3rd party to a deed of trust is the trustee. This is the main difference between the two documents.
The trustee has authority “authorized” by the borrower when they signed the deed of trust. A trustee can be a person, a Title Company or even the beneficiary as it is acceptable for the lender to also be the trustee. The trustee handles reconveying the deed of trust when the loan is paid off or processing a foreclosure sale.
The other main distinction between the two documents is in the way a foreclosure is processed. A mortgage requires that a lawsuit is filed in court and the process is handled in a court of law. The process of foreclosing on a deed of trust is by way of a non judicial process known as a trustee sale. This is processed and conducted by the trustee. A trustee sale is processed outside of court. After simply recording several documents, mailing out notices by certified mail and advertizing in the newspaper for 3 weeks a trustee sale can be held on a street corner or on the courthouse steps. The process is fast and simple.
After a foreclosure sale of a mortgage there is a Right of Redemption period for 1 year allowing the borrower the opportunity under certain circumstances to redeem their property. With a deed of trust that is foreclosed on by way of a trustee sale there is no Right of Redemption. Once the property is sold the borrower has no right to redeem their property. Mortgage vs Deed of Trust.
A deed of trust does allow the lender the option to either foreclose judicially or hold a trustee sale. A judicial sale will take about 1 year to complete and a trustee sale only takes 4 months. A judicial sale does provide for a deficiency judgment which allows the lender the option to foreclose on the property and also get a judgment against the borrower. Lenders almost always though choose the trustee sales route since the timeframe is so much shorter and there is no right of redemption.
The trustee to a deed of trust holds “Naked Title with Power of Sale” for the entire term of the loan. If a borrower has a 30 year mortgage the trustee possesses the power of sale for the entire term of the loan. The power of sale provision only becomes effective if the borrower defaults on their payments. The trustee’s power of sale is only removed when the borrower pays off their loan. The trustee will then issue a deed of reconveyance to the borrower. This action releases the deed of trust against the borrower’s property. It is at this point the trustee’s power ceases to exist.
If the borrower makes the monthly payments and eventually pays off their loan then the differences between the documents will have little to no effect on the borrower. Most borrowers will never even realize the differences. Mortgage vs Deed of Trust.
So, in the future, if someone in California tells you they’re getting a mortgage you can let them know what they really mean is they’re getting a deed of trust.
Probating an Estate in California
Death and Taxes are the only sure things in life that we all know are inevitable.
The Federal Government and the State of California have not lost sight of at least the tax part.
There are laws that the government, through our elected representatives, has passed providing for taxes to be assessed on certain Estates of deceased people. The government will want to confirm what is “Owed in Taxes” and then collect the taxes due prior to heirs receiving their inheritance. There are a number of exceptions such as the size of the estate and legal form of ownership prior to the death of the decedent.
When someone dies in California there is a process known as Probate. Simply put, Probate is the process of distributing the assets and paying the debts of the deceased person according to their request, such as is instructed by the Decedent in their Last Will and Testament. Or if someone died and did not have a will (also known as a “Dying Intestate”) the court will then make a determination as to who gets what under the theory of law known as the “Process of Intestate Succession”.
So often the Executor or Administrator of an Estate will need to petition the court to inform the court as to who receives what. At the same time, a dance with the tax man occurs as to what the value of the Estate is or what the value of certain assets are and if there is what’s known as a “Taxable Event” – on other words, the tax man will calculate the taxes due the government.
The process of settling and distributing the assets and money of the Estate to the appropriate parties can be very challenging and can often lead to a delay of a year or more.
As part of an overall Estate planning process, everyone who has an Estate valued at a minimum of $100,000.00 needs to obtain legal advice as to what the correct Estate structure should be. The right choices and decisions made prior to death can lead to a substantial savings in aggravation and taxes at a very difficult and trying time for all involved.
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