Homestead’s Coronavirus Response: We are Here to Help Buyers and Sellers.

Homestead Title has implemented a plan to maintain day-to-day operations in response to the Coronavirus (COVID-19) pandemic.

Homestead will continue normal operations, without disruption, during these challenging times. We do not anticipate any delays or cancellations as a result of temporary changes to our business. The majority of Homestead’s team will work remotely from home over the coming weeks. Phone and Email will operate as normal and we are available to help.

Closing officers will be available in our office for any scheduled sale or refinance. We will operate with minimal, in-office staff and appreciate your patience and understanding.

We are committed to supporting and serving our employees, their families, and all those involved in our real estate and title insurance transactions.  As we monitor developments and guidance from public health professionals, we will make any necessary adjustments.

Tips for a Healthy Real Estate Closing:

1. Only Signors in the Closing Room: Homestead will not allow anyone in the closing room other than necessary signors (Buyers, Sellers, and their attorneys).  We urge Lenders and Realtors not attend closing and will ask them to wait in our outside lobby.
   1. We will include Realtors and Lenders on all questions by phone.
   2. We will overnight commission checks at no cost to the Realtor or their broker.
2. Sign Separately and Social Distancing: We encourage Buyers and sellers to sign at different times.  We are waiving Seller pre-sign fees until at least June 1, 2020.  Alternatively, we encourage Buyers to arrive on time and Sellers to arrive 35 minutes after the start of closing.  This will allow for minimal contact and more “social distancing.”
3. Remote or Digital Closings: When possible, Homestead will offer remote or digital closings.  Remote notarization is not yet legal in Wisconsin, so fully digital closings are rarely an option other than for cash purchasers. We will explore all options to accommodate our customers and protect the well-being of our community.
4. Clean Office Space:  We are providing clean pens and separate paperwork to minimize contact between people. We are wiping down all surfaces with disinfectant wipe throughout the day.
5. When to Avoid Closing: If any Buyer or Seller is sick,  in contact with anyone diagnosed or suspected of having Covid-19, or has traveled internationally in the last 14 days, please contact us for alternative closing options
6. Celebrate: We are excited to help you buy, sell and refinance. Yet, we will be refraining from hand shakes, high fives, and other close celebrations.  These are scary times, but together we can do this!

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Red Flags In Real Estate Sales

Too Much Money is a Red Flag!

Realtors, attorneys, and home sellers should be alert to red flags that indicate fraud, scams, or troubled deals. One major red flag is when a buyer offers too much money. Sellers should beware of any offer with a purchase price that is far higher than expected or earnest money that is far more than customary in the market.

Common Scams

Foreign Buyer Blindly Purchasing Home

One common scam involves foreign buyers emailing Realtors asking for help purchasing a home. After a few emails, the buyer (usually from China, England, or Canada) will make a full price offer on a home the he has never seen. He will then send earnest money in a certified check. If the red flags weren’t waiving already, they should be when the Earnest Money is way too high. For instance, in Madison, Wisconsin, earnest money typically ranges from $1,000 – $3,000. The foreign buyer will send $100,000 or more in earnest money. They will then ask for a return of the excess money. If you return the funds via wire, as requested, you will soon find yourself in a bind when the certified check bounces. It was fake.

Too much earnest money is a red flag!

For more information on this, common scam: Link here.

Local Buyer Seeking Occupancy

Another potential scam occurs when a buyer seeks to purchase property with an extended, pre-closing occupancy. In this case, we have seen buyers offer substantial earnest money (10-20 times the typical amount) and request occupancy for many months prior to closing. The buyer then moves in, fails to close and refuses to leave. The seller must file an eviction proceeding to remove the buyer.

Again, too much earnest money raises red flags. In additions, extended, pre-closing occupancy should raise a red flag worthy of retaining an attorney.  Interestingly, one of the ways to mitigate the risk of an extended occupancy period is to ask for an unusually high amount of earnest money.  Thus, red flags don’t always lead to fraud.  But they can indicate additional risks.

Unrealistic Purchase Price

Any time a buyer offers far more than the reasonable value of a home, it is a red flag for fraud. In some cases, this kind of fraud can benefit both buyer and seller. But, it may be fraud nonetheless and can expose the Realtor or other professionals to liability and harm.

For additional resources on avoiding Real Estate Scams, check out the following links:

Various Real Estate Scams: http://realtormag.realtor.org/law-and-ethics/law/article/2010/08/5-real-estate-scams-you-need-know-about

Foreign Buyer Scam: https://homesteadtitle.wordpress.com/2010/06/15/real-estate-scam-warning/

Corporate Records Scam: https://homesteadtitle.wordpress.com/2013/02/01/scam-alert-annual-minutes-requirements/

Deed Copy Scam: https://homesteadtitle.wordpress.com/2012/07/20/deed-copy-scam-alert/

Better Business Bureau False Complaint:
https://homesteadtitle.wordpress.com/2012/01/20/better-business-bureau-false-complaint/

 

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Mortgage Rates And The Market

Up, Up, and Away

Rates on the Rise, But Sales Remain HOT

Mortgage rates spiked over the last two weeks. In fact, since the end of April, the average rate on a 30-year fixed rate mortgage increased by nearly 25%.

Pressure From The Fed Kept Rates Low

The Fed had helped keep mortgage rates low through a bond purchase program called Quantitative Easing (QE for short). But, recent announcements by Fed Chairman Ben Bernanke signaling a slow down or end to QE spooked the market.

Mortgage rates jumped and have continued to rise since those announcements.

Real Estate Market Continues Hot Streak

Despite rising rates, the real estate market remains hot. Realtors continue to be overwhelmed with activity and many sellers are seeing multiple offers near or at asking price.  Homestead’s numbers are no different. After an incredible year of growth in 2012, we have seen a 30% year over year increase in closings. And, despite the jump in interest rates from April to June, our new orders have not slowed.

Homestead’s growth is both a function of a strong market and of our strong commitment and passion to making the closing process easier for our customers and clients. Our values of caring, empathy, flexibility, loyalty and a hands-on, education based approach have cemented a loyal following of Realtors and do-it-yourself sellers.

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Title Commitments 101

Reading Title Commitments For Better Closings

Q: What is the most common mistake Realtors (and FSBO parties) make in reviewing a title insurance commitment?

A: They don’t review or read it at all!

Most Realtors are trained not to act as attorney’s or give any legal advice. The Title Commitment is a legal document and advising a client on it could constitute legal advice. In addition, many Realtors and FSBO parties simply don’t know what to look for and, therefore, don’t read the document.

Title Commitments Provide Critical Information

All Realtors should be reviewing the title commitment for certain, important information. A title commitment has three sections or schedules: Schedule A, Schedule B-I Requirements, and Schedule B-II Exceptions. At a minimum, Realtors should be reviewing the following:

Schedule A

The first part of the title commitment provides the names of the proposed insured. This should be your buyers. If it is not, call the title company right away – they might be missing an Amendment or their might be an error in your paperwork.

The Policy Amount should match your purchase price.

The name of the seller should be listed in paragraph 3 as the “fee simple” owner. If the name is different, there may be a title issue such as a deceased individual or spouse that still owns the property, a trust or LLC that has an interest in the property, or some other issue that requires attention.

The land referred to in the policy should match the land being sold. It will be a legal description, not a postal address. Review to make sure it looks right, especially if the property is a Condominium or includes multiple lots.

Schedule B-I Requirements

This portion of the title commitment provides a list of requirements that must be met in order to close. The requirements will call out any unusual issues that must be dealt with at closing. For instance, if the seller is deceased, the Requirements might require a valid Personal Representative to be appointed to sign on behalf of the estate.

In addition, most title companies will include any loan payoffs, taxes, or other liens that must be paid at closing. Some title companies, however, will show those liens in Schedule B-II.

Schedule B-II Exceptions

This section shows all of the title “issues” that are excepted from coverage – in other words, the title company will not insure for these issues. They are usually things like covenants, restrictions and easements. But, at some title companies, seller mortgages and liens will appear in this section. Therefore, it is important to review.

Reviewing is not Advising

Although Realtors should review the title commitment, they should not advise their clients about the legal meaning and effect of this document. That would constitute legal advice and is prohibited under Wisconsin Law. Nevertheless, if the Realtor spots a problem (the wrong seller or buyer or too many Mortgages), that should be brought to the client’s attention with the advice to seek legal counsel.

The title commitment is a critical document that provides all parties and their agents with notice of the current state of title. While Realtors should not make a “legal” review of this document, they should make a thorough review to avoid any closing problems.

 

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House Hunters Comes to Madison

Madison Couple and Local Agent Featured on ‘House Hunters’

The popular reality show “House Hunters” visits Madison with an episode airing tonight, May 13, 2013 on HGTV.

Tune in at 9:00pm to watch Keller Williams agent Josh Lavik help Darren and Megan Haworth find a home. The show’s producers were originally drawn to Lavik’s marketing materials. They were so impressed with the results of this show, they’ve also filmed another, featuring Josh and his wife, Jennifer, in their search for their own home.

Congratulations to Josh on a job well done and to his clients for finding the home of their dreams.

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Madison Plant Sales – 2013

Madison Plant Sales

Spring is finally here and its time to get planting! If you are selling a home, a beautiful garden can add curb appeal. If you’re staying put, a garden can add to your home’s value, the sustainability of your property, and your happiness.

Homestead Title takes pride in being green and sustainable. Every year we provide a list of local garden sales in the Madison area. Enjoy!

 

Date	Location	Event
May 4, 9am-1pm	Alliant Energy Center	Compost Bin Sale: bins are $45 each
May 5, 12pm-2pm	Olbrich Gardens	Dahlia Tuber Sale: sponsored by the Badger State Dahlia Society
May 10-11, 9am-3pm	Olbrich Gardens	Plant Sale with the Pros: Olbrich Gardens annual fundraiser.
May 10 -11, 8am-4pm	West Side Garden Club: 3518 Nakoma Rd.	West Side Garden Club annual plant sale.
May 10-12, 8am-3pm	5586 Cheryl Dr., Fitchburg	Fitchburg Plant Sale
May 11, 9am-2pm	UW Arboretum Visitor Center	Native Plant Sale
May 11, 9am-1pm	1008 Shorewood Blvd, Shorewood Hills, WI	Shorewood Hills Garden Club Plant and Mulch Sale
May 11, 9am-2pm	Waterman Park, downtown Oregon	Oregon Garden Club Plant Sale
May 11, 8:30am-1pm	7437 Terrace Ave., Middleton	Sunset Garden Club Plant Sale
May 11, 8:30am-11am	Mt. Horeb Fire Station, 120 S. First St., Mt. Horeb	Mound Vue Garden Club Plant Sale
May 16-18, 9am-5pm	Habitat ReStore, 208 Cottage Grove Rd.	Habitat for Humanity of Dane County Plant Sale
May 18, 9am-12pm	West Madison Agricultural Research Station, 8502 Mineral Point Rd.	Wisconsin Hardy Perennial Society plant sale.
May 18, 9am-11am	Spring Harbor School	Indian Hills Garden Club plant sale
May 19, 12pm-3pm	1 Fen Oak Ct., Madison (east side UW-Extension)	Master Gardener Plan Sale, Dane County UW-Extension Office
June 2, 10am-2pm	Olbrich Gardens	Wisconsin Hosta Society, hosta sale

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Scam Alert: Annual Minutes Requirements

There is a new scam targeting Wisconsin small businesses. A company called Corporate Records Services is sending out very official looking forms that request information about the company, the submission of an Annual Minutes Form, and the submission of $125. The form appears to be required by state statute. Businesses are not required to fill out this form. In fact, it is difficult to see what, if any, services this company provides.

The Wisconsin Department of Financial Institutions has issued and official statement cautioning business owners against this scam:

http://www.wdfi.org/newsroom/press/2013/AnnualMinutesFormAlert.pdf

Other states, including Illinois, New York, Maine, Indiana, and Tennessee have also issued warnings against this scam.

Wisconsin business owners who have questions about this form are urged to contact the Department of Financial Institutions (DFI) at 608-266-1622.

 

Thank you to the WRA for alerting the Real Estate industry, many members of which have been targeted by this scam.

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Mortgage Forgiveness Debt Relief Act EXTENDED!

BREAKING NEWS:
On January 1, 2013, Congress extended an important law that exempts many homeowners from paying taxes on cancelled debts. As part of the “Fiscal Cliff” deal, Congress extended the Mortgage Forgiveness Debt Relief Act of 2007 until the end of 2013. This will have a positive impact on distressed homeowners.

Cancelled Debt

If you owe a debt to someone else and they cancel or forgive that debt, the cancelled amount may be taxable.

Cancelled or forgiven debts happen every day in the Real Estate world. Short sales and foreclosures result in substantial, cancelled or forgiven debts. The Bank’s loss may be considered the home owner’s gain – a taxable, forgiven debt. A short sale happens when the proceeds of a home sale are not enough to pay off the mortgage. The bank agrees to take a “short” payoff and may cancel or forgive the shortage.

For the last 5 years, most homeowners were exempt from paying taxes on that forgiven or cancelled debt. The Mortgage Forgiveness Debt Relief Act of 2007 exempted many homeowners from paying taxes on forgiven debt. But, that law was set to expire on December 31, 2012

Taxable Income

If you owe $200,000 on your home but your sale only results in $150,000 in proceeds, you will be “short” by $50,000. You would likely need to count that $50,000 as taxable income to the IRS! In this case, you might owe and additional $12,500 in tax liability. In fact, you may owe this tax even if your house is foreclosed if it results in a shortfall to the bank.

Mortgage Forgiveness Debt Relief Act of 2007

The Mortgage Forgiveness Debt Relief Act of 2007 exempts many home owners from paying taxes on the forgiven debt. On January 1, 2013, Congress extended the Mortgage Forgiveness Debt Relief Act of 2007 until the end of 2013. This has the potential to save distressed homeowners millions of dollars in “phantom” tax liability over the coming year.

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Closing Cost Credits

Closing Cost Credits – Buyer Beware!

A simple contract term can cause so much confusion:

“Seller shall provide buyer with a closing cost credit of $3,000 at closing.”

Closing cost credits are often used to help buyers cover their costs or to address contract issues prior to closing. When Buyer’s and Sellers agree on this credit, everyone should be happy. Unfortunately, it is not that simple.

The buyer’s lender must approve all closing credits and they must appear on the HUD-1 Settlement Statement. Problems arise when lenders reject these credits.

Contract Language and Communication

Realtors must draft good contract language and communicate with their Buyers. First, Realtors may provide for a “closing cost and prepaid” credit. Lenders will only allow credits up to the amount of the Buyer’s actual closing costs. Including “prepaids” allows many lenders to increase the allowable credits to include prepaid mortgage interest and tax escrows. Realtors should also avoid excessively large closing cost credits. In Dane County, for instance, it is unusual for closing costs to exceed $3,500. A closing cost credit of $8,000 is virtually certain to be denied. It is also important to communicate with your Buyers and warn them that the closing cost credit requires lender approval. Prepare them for the possibility that the credit may be limited or even rejected.

Avoiding Lender Rejection of Credits

Many Realtors or attorneys include provisions that reduce the purchase price by the amount of any rejected credits. Beware: this can cause delays and the need to re-underwrite a loan. The seller may also credit “prepaid” items to increase the allowable credits. Check with the lender prior to drafting the “closing cost and prepaid credit” provision to make sure it is acceptable. The best practice is to avoid closing cost credits that exceed actual closing costs.

Most importantly, if a lender rejects a credit, there are certain things that are not acceptable:

• Do NOT have the Seller write a personal check to the Buyer at closing
  
• Do NOT ask the title company to write a check to the buyer, and reduce the seller’s proceeds by that amount.
  
• Do NOT have the Realtors write a check to the Buyers.
  

Each of these “solutions” may constitute loan fraud. It is never worth risking a Realtor’s license or an attorney’s practice to assist or instruct their clients in the commission of loan fraud (no matter how unlikely it may seem that there would be any real consequences).

This information is provided by attorney Pete Zarov. This is not intended to constitute legal advice and should not be relied upon in place of individualized legal advice. For more real estate tips, check out Homestead Title’s blog.

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Social Security Number Information Breach

State of Wisconsin Accidentally Releases Social Security Numbers

Many Wisconsin residents who sold their homes last year are receiving ominous looking letters from the Wisconsin Department of Revenue (DOR). The letters warn that the DOR is “taking precautions to protect confidential information pertaining to your 2011 real estate sale.” Specifically, the state inadvertently included social security numbers in sales data that is routinely posted on their website. This data is intended for use by appraisers and Realtors to track property sales and values. The information remained on the site from April 5 through July 23, 2012 and only related to 2011 real estate sales.

The data was included in an embedded file (it was not readily apparent or readable) and was only downloaded 138 times. The State insists that there is no sign that criminals accessed the information. “We have a responsibility to protect the sellers who had their personal information included in the report, and we have reached out to the real estate and appraiser organizations to contact their members to destroy the file. We know the individuals who downloaded this file are using it for their own business purposes and have no malicious intent, yet we will be offering free credit monitoring for a year for the individuals who may have been impacted by this situation,” said Secretary Richard G. Chandler.

The DOR has been mailing letters to sellers that may have been impacted and offering them one year of free credit monitoring. Sellers can also contact the DOR directly at 888-947-3452 or realestate@wisconsin.gov.

For more information, see:

http://www.revenue.wi.gov/news/20120724_01.pdf

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