home

One Last Chance to Save Your House

The Housing Scene by by Lew Sichelman
by Lew Sichelman
The Housing Scene | December 14th, 2018

If you lose your house to foreclosure, you don’t necessarily have to lose all hope. And if you are thinking about buying a place that has been repossessed by a lender, you might want to think twice.

What we’re talking about here is called the “statutory right of redemption.” Simply put, it gives a former owner whose property has been taken back in a foreclosure proceeding the ability to redeem the mortgage and keep said property -- if, within a prescribed time frame, the former owner is somehow able to come up with enough money to repay what was owed.

All of us have the right to save our homes from foreclosure by paying off the entire mortgage balance, plus fees and costs, prior to the foreclosure sale, no matter where we live. But in many states, the law gives us the right to redeem our homes for a period of time after the foreclosure, usually by paying the foreclosure sales price plus interest and allowable fees.

In those states, consequently, owners can get their homes back even if they’ve been sold to someone else. In other words, not only can you retrieve your house, the unsuspecting buyer who bought it may have to give it up -- even if their family has already moved in.

Each state has its own rules regarding redemption, so it is impossible to cover every one here. Legal website Nolo has a chart detailing the law in each state: nolo.com/legal-encyclopedia/50-state-chart-key-aspects-state-foreclosure-law.html. You also can obtain more information on the law in your state by contacting someone in county government who handles foreclosures. But generally, there are two separate rights of redemption:

-- Equitable. No matter which state you live in, you have the right to save your house right up to a foreclosure sale. This often proves difficult: After all, why would you be in foreclosure if you have the dough to pay off the entire loan? But you can try to refinance the mortgage with another lender or sell the place to someone else.

-- Statutory. About half of the states allow people to reacquire their homes for a period of time after it is repossessed. Time frames vary. In some, the right lasts for only one month; in other states, a couple of years.

If you want to exercise this right, legal folks suggest having a commitment for a new loan, or even a loan itself, in place when you do so. They also advise obtaining a pro forma commitment from a title company and having all title issues resolved beforehand.

If your home sells at a foreclosure auction for a price far below its fair market value, you may be able to recoup your equity by redeeming the property for the foreclosure sale price, selling it to someone for the fair market value and pocketing the difference.

The statutory right of redemption isn’t exercised very often. But if it is, and you are on the other end of the redemption process -- in other words, you bought the foreclosed property and the previous owner exercises his or her right to fetch it back -- you should be reimbursed for what you paid for the property, the value of any improvements that you made, plus costs such as interest and taxes you paid on it.

Procedures vary by state. But according to LegalMatch, a licensed attorney-finding website, the process starts when the original owner makes a written demand to the buyer for a statement of charges required to redeem the property. The buyer has about 10 days to comply. Then, the first owner can file a claim and pay the redemption price.

However, if the first owner fails to pay, they forfeit their right of redemption, and the buyer acquires the title to the property and all rights and interests in it. And if the original owner is still in possession of the property, he or she must vacate or face eviction -- or, even worse, trespassing charges.

A way for buyers to get around the possibility that the owner will exercise their statutory right of redemption is to buy the redemption rights from the owner. You can do this shortly before or after you purchase the place at auction, at a cost that is totally negotiable. In many cases, someone facing foreclosure who sees no realistic way to avoid losing the house or recovering the property will be happy to sell rights they never expect to use.

What you have read here is for informational purposes only, and should not be taken as legal advice. If you find yourself in this predicament, you should secure legal counsel right away.

While on the topic of redemption, owners whose properties have been levied upon by the Internal Revenue Service for failure to pay their federal income taxes have the right to pay off that lien prior to the house being sold. If you do so, all further proceedings will stop.

After the house is sold, the tax law gives you the right to redeem it up to 180 days after the sale by paying the IRS what you owe and paying the buyer what they paid for the house, plus 20 percent interest per annum.

home

Beware the Weather in a Winter Move

The Housing Scene by by Lew Sichelman
by Lew Sichelman
The Housing Scene | December 7th, 2018

Moving from one home to another is always a daunting experience. But moving in the dead of winter presents its own sets of problems, with the major headache being the unpredictability of the weather.

Winter storms of all ilks -- from driving ice storms to downright blizzards -- can play havoc with moving. Fortunately, moving companies aren’t as busy as they are in spring and summer, so they can more easily switch days if the weather makes it necessary.

But if you want to move on the appointed day no matter what, most professional drivers and vehicles are up to the task. “We can get the job done regardless of the weather,” says Lior Rachmany of New York’s Dumbo Moving and Storage, one the largest household goods movers in the area. His advice is to stay positive, even in dire weather. “It may be freezing outside, but remain cool,” he says. “We’re always going to get the job done.”

Not all moving companies are that adventurous, though. Allied Van Lines, for one, says that if the roads are impassible, it won’t send out its trucks.

If you postpone at least 48 hours before your scheduled move, the mover probably won’t assess a penalty. But just in case, ask the company about its weather-setback policy before you sign a contract or hand over a down payment.

If you decide to go ahead as planned, it may take somewhat longer than expected because the mover may have to change routes due to road conditions. For example, in periods of high winds, trucks may not be permitted to cross certain bridges. So keep your eyes and ears tuned to your local traffic reports, advises Niccole Schreck, a rental expert with rent.com.

To help the process along, it is your responsibility to make sure your sidewalks, steps and driveways are clear. Shovel them or have the plowed, and throw down some salt so they don’t freeze over. Do the same at your new place. You might also want to consider erecting some kind of tent as a shelter over exposed pathways. Your movers must have safe access to both houses. If either place is inaccessible, the move will be delayed or canceled.

Also at both houses, put down cardboard or plastic sheeting to protect your floors, and have plenty of towels available to wipe down whatever gets wet. Plastic can also be used to protect your electronics, wooden furniture and plants.

Packing-wise, you can use boxes, but consider plastic bins instead. They ward off the elements so much better. Since it might not be financially feasible to buy enough tubs, inquire about the possibility of renting what you need from your mover. It may ratchet up the cost of your move a bit, but it will protect your goods much better than cardboard.

Even if you stick with boxes, as an added layer of protection, the guys on your particular job should cover them with moving pads or some kind of tarp as they are taken from the old house to the truck and then from the truck into the new house. The crew should also put plastic wrap around your furniture, appliances, electronics and other items than don’t fit neatly into a rectangular container.

Obviously, you and your family won’t be going in the van with your stuff, so service your car ahead of time, and make sure you pack a shovel, ice scrapers, salt, a warm change of clothes, rain or snow gear and blankets. And make sure you take some extra cash along, if only for some nice tips for the frozen crew in the truck at the end of the day.

At the new place, make sure the utilities are on, and have cleaning supplies on hand. The same goes for the old house; you’ll want to be able to clean up in both places.

A few other tips: Help warm up your family and the crew by keeping a pot of hot coffee or hot chocolate at the ready. The movers’ gloves may get soaked, so buy some extra warm gloves at the dollar store and keep them handy.

Most of what you just read also applies to folks who are moving themselves, rather than hiring professional movers. But to avoid the additional issues winter moves present, do-it-yourselfers might want to consider renting a big shipping container that they can load and unload themselves.

When you’re finished loading the container, the company will pick it up and deliver it to your new residence. And when you are done unloading, they’ll come back and take it away.

home

Depreciation, Deferred Maintenance: Issues Landlords Dread

The Housing Scene by by Lew Sichelman
by Lew Sichelman
The Housing Scene | November 30th, 2018

As an investor in a few rental properties, I always hated depreciation. As a landlord, I also learned -- the hard way -- to despise deferred maintenance.

My animosity toward these two line items on every investor-landlord’s tax return welled up again at tax time last spring. I’d sold a rental property the year before, and now the depreciation I had claimed over the years came back to bite me.

As an investor, you have no choice but to claim depreciation every year you own an income-producing property. If you don’t, the IRS will impute it for you. So every year, I dutifully claimed the benefit, which helped cut my taxes.

Now that the house had been sold, Uncle Sam wanted back some of the depreciation I had written off. Legally, it’s called “recapture,” but many landlords disparagingly call it the “Gotcha Tax.”

I’ll tell you how it works, but first, this important warning: Please don’t take this as professional tax advice; it isn’t. For a better and more detailed explanation, consult a tax accountant. But here is my layman’s understanding of depreciation:

Depreciation is a tax write-off that allows landlords to recover the cost of their properties as well as the improvements made to them. It’s basically an allocation of the cost of the property to future periods.

Because your property has a useful life beyond one year, you can’t deduct the cost of buying and improving the house on a single tax return like you can the cost of maintenance, repairs, homeowner’s association fees and other expenses. Rather, you must “capitalize” and depreciate those costs over their useful life, which the IRS says is 27.5 years for a house or condo.

Consider a rental house that you buy for $200,000. Since you can’t depreciate land, you must separate the cost of the land from the purchase price. So if the lot in this example is worth, say, $50,000, you can depreciate only $150,000. But even at the lower figure, your annual deduction can be substantial.

In this example, you would divide $150,000 by 27.5 and come up with an annual deduction of $5,455. To calculate your actual tax savings, multiply your annual write-off by your marginal tax rate. So, if you are in the 25 percent bracket, you will realize a tax savings of $1,364 each year you own and operate the place as a rental.

There’s no doubt depreciation is a great tax benefit. But it sucks when you sell the place because, as most rookie investors don’t realize, you have to pay a good chunk of change back to the feds. The IRS charges a maximum of 25 percent recapture tax on all the depreciation you have written off to a maximum of your original cost. And the charge can be a painfully bitter pill to swallow.

In the above example, in the year you sell, you may owe as much as 25 percent of the $150,000 you paid for the house sans land. It could be less because you are selling in a tax bracket lower than 25 percent, or you might not have fully depreciated the property. Still, in this example of a fully depreciated rental unit, the tax bite works out to $37,500.

Ouch! And double ouch for deferred maintenance, which can destroy your finances without any help from the government.

To avoid this silent slayer of profit margins, you must make regular inspections of your rental property -- with notice, of course, to your tenants.

Don’t rely on tenants to notify you when a stove burner stops working, the toilet runs constantly or the kitchen faucet drips. Many tenants have no stake in their rentals, and others may be afraid you’ll blame them for the problem, so they tend to avoid reporting small issues. They’d rather just live with them, even if they’ll be held responsible for damages when they move out.

But small problems eventually turn into big ones; a landlord’s head-in-the-sand philosophy can become very expensive, very quickly. The failure to perform needed repairs could lead to property deterioration, higher costs, asset failure and even health and safety issues.

So it’s on you to stay on top of things by inspecting the structure, and all units, regularly. Here’s a rudimentary starter checklist.

Begin outside. Walk around the house in slowly tightening concentric circles, starting about 60 feet away. As you move closer, look for foundation problems, leaking shutoff valves, missing paint, holes, large cracks, damaged downspouts and areas where water is accumulating near the structure. As you get closer, check the soffits, doors, windows, screens and vents.

Inside, start in the basement or crawl space. Make sure there is no excessive moisture, and no critters squatting in the corner without paying rent. Check the pipes for leaks and be certain insulation is still in place. And test the stairs, decks and porches to be certain they are still safe.

Always check the HVAC system, and consider an annual service contract with your favorite local specialist. Always change the filters, even if they appear to be clean.

Finally, go into each room, looking for damage such as broken windows, screens or switch plates, torn carpeting or damaged flooring.

Next up: More trusted advice from...

  • Enough Steps
  • Tourist Town
  • More Useful
  • Upsy Daisy!
  • Puppy Love
  • Color Wars
  • Inheritances For Your Children?
  • Amid Recent Bank Failures, Are You Worried?
  • Wills: Should You Communicate Your Wishes With Your Children?
UExpressLifeParentingHomePetsHealthAstrologyOdditiesA-Z
AboutContactSubmissionsTerms of ServicePrivacy Policy
©2023 Andrews McMeel Universal