Open House Alert.com

Assist you in setting the right price for your home. They know the market andwill help you get the best possible price.
Assess your home's marketability and show you ways to create more demand.
Actively market your house in the most effective possible manner.
Negotiate on your behalf with qualified prospective buyers.
Allow you to make your own decisions. A professional agent works for youand respects your opinion. They will not try to force you into a decision with which you don't feel comfortable.
Protect your rights. Real estate laws have become increasingly complicated and your Realtor® is there to assist you in every way.

TIPS TO SELLERS

LET YOUR HOME GIVE A SMILE TO BUYERS...

First impressions are lasting. The front door greets the prospect. Make sure it is fresh, clean and scrubbed looking. Keep lawn trimmed.

Let the sun shine in. Open draperies and curtains and let the prospect see how cheerful your home can be since dark rooms do not appeal.

Can you see the light? Illumination is like a welcome sign. The potential buyer will feel a glowing warmth when you turn on all your lights for an evening inspection.

Repairs can make a big difference. Loose knobs, sticking doors and windows, warped cabinet drawers and other minor flaws detract from home value. Have them fixed.

From top to bottom. Display the full value of your attic and other utility space by removing all unnecessary articles.

Decorate for a quick sale. Faded walls and worn woodwork reduce appeal. Why try to tell the prospect how your home could look when you can show them by redecorating? A quicker sale at a higher price will result. An investment in new kitchen wallpaper will

pay dividends. Safety first. Keep stairways clear. Avoid cluttered appearances and possible injuries. Make closets look bigger. Neat, well-ordered closets show space is ample.

Arrange bedrooms neatly. Remove excess furniture. Use attractive bedspreads and freshly laundered curtains.

Bathrooms help sell homes. Check and repair caulking in bathtubs and showers. Make this room sparkle.

Fix that faucet! Dripping water discolors sinks and suggests faulty plumbing.

Three's a crowd. Avoid having too many people present during inspections. The potential buyer will feel like an intruder and will hurry through the house.

Silence is golden. Be courteous but don't force conversation with the potential buyer. They want to inspect your house - not pay a social call.

Music is mellow. But not when showing a house. Turn off the blaring radio or television. Let the agent and buyer talk, free of disturbances.

Pets underfoot? Keep them out of the way preferably out of the house.

Be it ever so humble. Never apologize for the appearance of your home. After all, it has been lived in. Let the trained salesperson answer any objections. This is his/her job.

In the background. The salesperson knows the buyer's requirements and can better emphasize the features of your home when you don't tag along. You will be called if needed.

Why put the cart before the horse? Trying to dispose of furniture and furnishings to the potential buyer before they have purchased the house often loses a sale.

A word to the wise. Let your Realtor® discuss price terms, possession and other factors with the buyer. He/she is eminently qualified to bring negotiations to a favorable conclusion.

Use your agent. Show your home to prospective customers only by appointment through your agent. Your cooperation will be appreciated and will help close the sale more quickly.

CONTRACT TO CLOSING

Contract signed and dated
Escrow opened and earnest money deposited
Title Report Requested
Seller orders termite inspection
Property inspection ordered by the Buyer Original termite certificate to Escrow Company
Buyer arranges insurance for home and provides information to lender and Escrow Company
Loan application made
Copy of inspection to Buyer and Seller
Buyer provides Seller with repair priority list
Lender orders appraisal
Completed appraisal
Seller/Buyer negotiates and then orders repair work
Buyer is approved by Lender
Other inspections, if needed or requested by Buyer
Repairs completed and approved by Lender and Buyer
Final contingencies removed
Final closing date set
Confirm closing figures with Escrow Officer Buyer must bring check in order to close
Closing
Title Policy Issued

THE LOAN PROCESS

PREQUALIFICATION/INTERVIEW

Application interview

Lender obtains all pertinent documentation

ORDER DOCUMENTS

Credit report, appraisal on property, verifications

of employment, mortgage or rent and funds to

close, landlord ratings, preliminary title report

LOAN SUBMISSION

The loan package is assembled and

submitted to the underwriter for approval

DOCUMENTATION

Supporting documents come in

Lender checks on any problems

Requests for any additional items are made

LOAN APPROVAL

Parties are notified of approval

DOCUMENTS ARE DRAWN

Loan documents are completed and sent to escrow

Borrowers come in for final signatures

FUNDING

Lender reviews the loan package

Funds are transferred by wire or check

RECORDING OF DOCUMENTS

Title company records the note and deed of

trust at the county recorder's office

Escrow is now officially closed

TYPES OF LOANS

Adjustable Rate Mortgage Adjustable rate mortgages have an interest rate that is adjusted at certain

intervals based on a specific index during the life of the loan.

Balloon Payment Loan A fixed rate loan that is amortized over 30 years but becomes due and

payable at the end of a certain term. May be extendable or may roll-over

into another type of loan.

Buy-Down Loan Buy-Down loans are fixed rate loans where the interest rate and the

payment are reduced for a specific period of time by paying the interest up

front to subsidize the lower payment.

Community Homebuyer's A fixed rate loan for first time buyers with a low down payment, usually

Program 3-5%, no cash reserve requirement and easier qualifying ratios. Subject

to borrower meeting income limits and attendance of a four hour training

course on home ownership.

Conventional Loan Conventional loans are sometimes more lenient with the appraisal

and condition of the property. When you are buying a "fixer upper" you

may need to use a conventional loan. Homes purchased above the FHA

loan limit are usually financed with conventional loans.

FHA Loan FHA loans are insured by the Federal Housing Administration under

H.U.D. They offer a low down payment and are easier to qualify for than

conventional loans.

Fixed Rate Loan A fixed rate loan has one interest rate that remains constant throughout

the life of the loan.

Graduated Payment Mortgage A fixed rate loan that has payments starting lower than a standard fixed

rate loan, which then increases by a predetermined amount each

year for a set number of years

Non-Qualifying Loan Non-Qualifying loans are pre-existing loans which can be assumed by a

(Assumable) buyer from the seller of a property without going through the qualifying

process. The buyer pays the seller for their equity and then starts making

payments.

VA Loan VA loans are guaranteed by the Veterans Administration. A veteran must

have served 180 days active service.

LIFE OF AN ESCROW

Prepare Escrow Instructions
& Pertinent Documents
Obtain
Signatures
Process Financing Order Title Search
Receive & Review
Preliminary
Request Beneficiary
Statement
Request or Prepare
New Loan Application
Request Loan
Documents
Obtain Loan Approval
and Determine That
Terms Are Correct
Receive Beneficiary
Statement and Enter into
File. Review Terms
of Transfer and Current
Payment Status
(is prior approval
necessary to record?)
Review File to Determine That All Conditions
Have Been Met and That All Documents Are
Correct and Available for Signature
(Termite inspection, contingencies released,
fire insurance ordered, additional documents,
second deed of trust, bill of sale etc.,
have been prepared.)
Figure File and Request Signatures on all
Remaining Documents
Obtain Funds
From Buyer
Forward Documents
to Title Company
Return Loan
Documents
Request Loan Funds
Receive Loan Funds
Order Recording
Close File
Prepare Statements and Disburse Funds
Complete Closing
Forward Final Documents to all
Interested Parties
(Buyer-Seller-Lender)
Request Demands (if any)
Request Clarification of
Other Liens (if any) and
Review Taxes On Report
Receive Demands and
Enter into File

WHAT IS AN ESCROW?

An escrow is an independent "stakeholder" account and is the vehicle by which the interests of all parties to the transaction are protected.

The escrow is created after you execute the contract for the sale of your home and becomes the depository for all monies, instructions and documents pertaining to the sale. Some aspects of the sale are not part of the escrow. For example, the buyer and seller must decide which fixtures or personal property items are included in the sales agreement. Similarly, loan negotiations occur between the buyer and the lender. Your real estate agent can guide you in these non-escrow matters.

HOW DOES THE ESCROW PROCESS WORK?

The escrow officer takes instructions based on the terms of your Purchase Agreement and the lender's requirements. The escrow officer can hold inspection reports and bills for work performed as required by the purchase agreement. Other elements of the escrow include hazard and title insurance, and the grant deed from the seller to buyer. Escrow cannot be completed until these items have been satisfied and all parties have signed escrow documents.

HOW DO I OPEN AN ESCROW?

Either your real estate agent or the buyer's agent may open escrow. As soon as you execute the Purchase Agreement, your agent will place the earnest money deposit into an escrow account at the escrow company.

WHERE DOES THE BUYER'S MONEY GO?

Written evidence of the deposit is generally included in your copy of the sales contract. The funds will then be deposited in a separate escrow or trust account.

WHAT INFORMATION DO I NEED TO PROVIDE?

You may be asked to complete a Statement of Identity as part of the paperwork. Because many people have the same name, the Statement of Identity is used to identify the specific person in the transaction through such information as date of birth, social security number, etc. This information is considered confidential.

HOW LONG IS THE ESCROW?

The amount of time necessary to complete the escrow is determined by the terms of the purchase agreement. It is normally 45 to 60 days, but can range from a few days to several months.

WHAT HAPPENS NEXT?

Unless he/she is paying cash, the next step will be that the buyer will apply for a mortgage loan. Your real estate agent will be able to keep you informed about the progress of the loan application. During the escrow process, you are still required to make your payments on existing loans so that you do not incur any late fees or damages to your credit rating.

WHAT A TITLE COMPANY DOES

PREPARES A PRELIMINARY TITLE REPORT AND POLICY

Prelim report: A preliminary report contains the following vital information, which can affect the close of escrow: ownership of the subject property, how the current owners hold title, matters of record that specifically affect the subject property or the owners of the property, a legal description of the property and an informational plat map.
Title report: A report showing the condition of title before a sale or loan transaction. After completion of the transaction, a title insurance policy is issued.
Policy: Title insurance is insurance against loss resulting from defects of title to a specifically described parcel of real property. Defects may run to the fee (chain of title) or to encumbrances on the property.

PAYS OFF EXISTING LOANS

The title company pays off existing loans when so ordered.

RECORDING DOCUMENTS

The title company records the appropriate documents with the county office, giving public notice.

PAYING OFF YOUR EXISTING LOANS...

Unless the buyer takes over your existing loan(s) on the property, the loan(s) will

be paid off during the escrow process. You will need to furnish complete

information to your escrow officer and real estate agent on each loan against

your property. Please be prepared to provide the name of the lender, the loan

number, address and phone number of the lender. Your escrow officer will need

this information to order the loan payoff demands, so the loan(s) may be paid off

correctly during the escrow. Homeowners' Association information may also be

required if you are selling a condominium, townhouse or property located in a

planned unit development. All of this information will help to insure the timely

closing of the escrow.

DISCLOSURES AND CONTINGENCIES...

During the process of selling your property, you will be asked to fill out a property

disclosure form, which is now required by law. In this document, you will inform

the buyer of any significant facts you have about the condition of the property.

There will be various contingency dates in your real estate sales contract. You

should be very aware of these and be sure that the actions required are performed

in a timely manner. Such contingencies include: the buyer's loan approval,

approval of the Preliminary Title Report and approval of termite and other

inspections. Stay closely in touch with your real estate agent regarding these

important dates.

When the loan is approved and the loan documents are sent to the escrow officer

or the escrow assistant handling your transaction, the escrow instructions and the

deed will be prepared.

A LOOK AT SOME WAYS TO TAKE TITLE

Community Property:

Requires a valid marriage between two people
Each spouse holds an undivided one-half interest in the estate
One spouse cannot partition the property by selling his or her interest
Requires signatures of both spouses to convey or encumber
Each spouse can devise (will) one-half of the community property
Upon death, the estate of the decedent must be “cleared” through probate, affidavit or adjudication
Both halves of the community property are entitled to a “stepped up” tax basis as of the date of death

Joint Tenancy:

Parties need not be married; may be more than two joint tenants
Each joint tenant holds an equal and undivided interest in the estate, unity of interest
One joint tenant can partition the property by selling his or her interest
Requires signatures of all joint tenants to convey or encumber the whole
Estate passes to surviving joint tenants outside of probate
No court action required to “clear” title upon death of joint tenant(s)
Deceased tenant’s share is entitled to a “stepped up” tax basis as of the date of death

Community Property with Right Of Survivorship:

Requires a valid marriage between two people
Each spouse holds an undivided one-half interest in the estate
One spouse cannot partition the property by selling his or her interest
Requires signatures of both spouses to convey or encumber
Estate passes to surviving spouse outside of probate
No court action is required to “clear” title upon the first death
Both halves of the community property are entitled to a “stepped up” tax basis as of the date of death

ESCROW INSTRUCTIONS...

Escrow instructions define all the conditions that must occur before the transaction can

be finalized. The escrow instructions represent your written statement to the escrow

holder protecting your interests and specify, in a debit and credit format, the disposition

of the sales proceeds and the conditions under which the Grant Deed may be recorded in

favor of the new buyer.

A Grant Deed is the document which legally transfers your title to the property to the

new owner. You will sign the Grant Deed as part of the escrow instructions and the deed

will be notarized by your escrow officer or another qualified notary public. Proper

identification is needed for this procedure. The Grant Deed is recorded at the time escrow

closes.

Your escrow officer or real estate agent will contact you for an appointment to sign your

escrow instructions and the Deed. At this time, the escrow officer will inform you of the

amount of proceeds you will receive from the sale of your home. If you are also purchasing

another home, arrangements can be made to transfer funds to your purchase escrow.

YOUR APPOINTMENT...

An appointment is required for the sign-off. Please call your escrow officer to arrange

a convenient time and expect the process to take approximately one hour.

There are several acceptable forms of identification which may be used during the

escrow process. These include: A current driver's license, Passport, etc. One of these

forms of identification must be presented at the signing of escrow in order for the

signature to be notarized.

On rare occasions, funds are insufficient to close escrow and you, the seller, must deposit

money into the escrow. Should this situation occur, you will need to obtain a cashier's

check or certified check issued by a California financial institution made payable to the

escrow company in the amount indicated to you by your escrow officer or escrow

assistant. A personal check may delay the closing since the escrow company is required

by law to have good funds before disbursing funds from escrow. Similarly, an out-of state check could cause a delay in closing, due to delays in clearing the check.

HOW TO TAKE TITLE IN CALIFORNIA

COMMON WAYS OF HOLDING TITLE CONCURRENT CO-OWNERSHIP INTERESTS

TENANCY IN COMMON JOINT TENANCY COMMUNITY PROPERTY TENANCY IN PARTNERSHIP COMMUNITY PROPERTY W/ RIGHT OF SURVIVORSHIP

PARTIES

Any number of persons (can be husband and wife, but see “Presumption” limitations below)

Any number of persons

(can be husband and wife).

Only husband and wife. Only partners

(any numbers).

Only husband and wife.

DIVISION Ownership can be divided

into any number of

interests equal or unequal.

Ownership interest must be

equal.

Ownership and

managerial interests are

equal, except control of

business is solely with

managing spouse.

Ownership

interest is in

relation to

interest in

partnership

Ownership and managerial interest are equal, except control of business is solely with managing spouse.

TITLE Each co-owner has a

separate legal title to his

undivided interest.

There is only one title to

the whole property. (Joint

ownership in undivided

equal shares).

Title is in the

“community”.

Title is in the

“partnership”.

Title is in the “community”

POSSESSION Equal right of possession

(only unity of interest

required).

Equal right of possession.

A joint tenant can be in

exclusive possession of the

property or he can lease

his interest to a third party

without affecting the nature

of the joint tenancy. Such

lease will terminate upon

the death of the lesser joint

tenant, with the surviving

joint tenants taking the

interest therein.

Both co-owners have

equal management and

control with similar

absolute power of

disposition.

Equal right of

possession but

only for partnership

purposes, absent

consent of other

partners to the

contrary. The

partnership

property belongs to

the firm and not the

individual partners.

Both co-owners have equal management and control with similar absolute power of disposition.

CONVEYANCE Each co-owner’s interest

may be conveyed

separately by its owner.

Tenancy in common

dissolved by conveyance of

co-tenant interest to a new

owner, a tenancy in

common is created

between grantees and

remaining co-tenant’s.

Conveyance by one co owner without the others

breaks his joint tenancy.

A spouse may not make a

gift of or dispose of

community property without

valuable consideration and

written consent of the other

spouse; “Necessaries”

(furniture, furnishings, or

fittings of the home, or the

clothing or wearing apparel

of the other spouse or

minor children) may not be

disposed of without the

written consent of the other

spouse.

Any authorized

partner may

convey whole

partnership

property. No

partner may sell

or assign his

interest in specific

partnership

property without

the consent of

and in

conjunction with

all co-partners.

A spouse may not make a gift of or dispose of community property without valuable consideration and

written consent of the other

spouse; “Necessaries”

(furniture, furnishings, or fittings of the home, or the clothing or wearing apparel of the other spouse or minor children) may not be disposed of without the written consent of the other

spouse.

PURCHASER’S

STATUS

Purchaser will become a

tenant in common with the

other co-owners in the

property.

Purchaser will become a

tenant in common with the

other co-owners in the

property.

Purchaser can only

acquire whole title of

community, cannot

acquire a part of it.

Purchaser can

only acquire the

whole title.

Purchaser can only acquire whole title of community,

cannot acquire a part of it.

DEATH On co-owner’s death, his

interest passes by will to his

devises or his heirs by

intestate succession. No

survivorship right.

Upon the death of one spouse,

title to the property passes to the

surviving spouses by operation

of law, to the exclusions of the

heirs and creditors of the

deceased spouse. The survivor

holds title to the property as his

sole and separate property. Joint

tenancy property ownership

cannot be disposed of by

testamentary disposition, and it

does not pass to the heirs of the

decedent by interstate

succession.

On co-owner’s death,

1/2 belongs to survivor

as separate property,

1/2 goes by will to

decedent’s devises or

by succession to

survivor.

On partner’s

death, his

partnership

interest passes to

the surviving

partner(s)

pending

liquidation of the

partnership.

Share of

deceased partner

then goes to his

estate.

Upon the death of one spouse, title to the property passes to the surviving spouse by operation of law,

to the exclusion of the heirs

and creditors of the deceased

spouse. The survivor holds title to the property as his sole and separate property.

Community property with right of survivorship cannot be disposed of by testamentary disposition, and it does not pass to the heirs of the decedent by interstate succession.

HOW TO TAKE TITLE IN CALIFORNIA

COMMON WAYS OF HOLDING

TITLE CONCURRENT

CO-OWNERSHIP INTERESTS

TENANCY IN

COMMON

JOINT TENANCY

COMMUNITY

PROPERTY

TENANCY IN

PARTNERSHIP

COMMUNITY PROPERTY

W/ RIGHT OF SURVIVORSHIP

SUCCESSOR’S

STATUS

Devisees or heirs become

tenants in common.

Upon death of joint tenant,

survivors continues in

ownership of entire

property as joint tenants.

If passing by will,

tenancy in common

between devisees and

survivor results.

Heir or devisees

have rights in

partnership

interest but not in

specific

partnership

property.

Upon death of one spouse,

survivor continues in

ownership of entire property including share of the deceased spouse. Surviving spouse continues to own entire title, including former title interest of deceased

spouse.

CREDITOR’S

STATUS

Co-owner’s interest may be

sold on execution sale to

satisfy his creditor.

Purchaser becomes a

tenant in common with

remaining co-tenants.

Termination may occur as a

result of involuntary sale

(e.g., execution sale under a

judgment or a foreclosure

sale under a mortgage or

deed of trust).

Mortgage or deed of trust

executed by one joint

tenant or a judgment lien

against interest of one joint

tenant, does not sever joint

tenancy or affect right of

survivorship unless

property is sold by

foreclosure or execution

sale prior to death of the

party who incurred the lien.

Community property is

generally liable for a debt

incurred by either spouse

before or during marriage,

regardless of which spouse

has management and

control of the property or

which spouse is party to the

debt. Earnings of married

person during marriage are

not liable for pre-marital

debt of other spouse if

earnings from which debt is

paid remains

un-commingled with other

community property and

held in account where other

spouse does not have

access; community property

not liable for debts incurred

subsequent to separation.

Earnings of a spouse are

not liable for the debts of the

other spouse contracted

before the marriage.

Partnership real

estate may be sold to

pay partnership

debts. If the interests

of creditors will not

be adversely

affected, in lieu of

sale of the property,

the partners may be

awarded their

respective interests

in the property or it

may be partitioned.

Creditors receive

priority in payment of

partnership liabilities,

a partner’s right in

specific partnership

property is not

subject to

attachment or

execution, except on

a claim against the

partnership.

Community property is generally liable for a debt incurred by either spouse before or during marriage,

regardless of which spouse has management and control of the property or which spouse is party to the debt. Earnings of married person during marriage are not liable for pre-marital debt of other spouse if earnings from which debt is paid remains un-commingled with other community property and held in account where other spouse doesn’t have access; community property not liable for debts incurred subsequent to separation. Earnings of a spouse are not liable for the debts of the other spouse contracted before the

marriage.

PRESUMPTION Favored in doubtful cases

except husband and wife

case. Reference to husband

and wife in the deed of sale,

without mention of any

other form of ownership,

creates statutory

presumption that the

property is community in

nature.

Deed must expressly vest

title in the name of the

grantees as joint tenants.

Generally, all real

property in this state

and all personal

property wherever

situated acquired

during marriage by a

married person while

domiciled in this state

is community property.

Presumption does not

apply to property

acquired before

marriage or after

marriage by gift,

bequest, devise or

descent. If deed grants

property to spouses as

“husband and wife”

presumption is what

property is held as

community property.

Arises only by

virtue of

partnership

status on

property placed

in partnership.

Partner’s interest

cannot be seized

or sold separately

by his personal

creditor, but his

share of profits,

may be reached

by a personal

creditor. Entire

property may be

sold on execution

sale to satisfy

partnership

creditor.

Deed must expressly vest title in the name of the

spouses as “husband and wife as community property with right of survivorship”

and deed may be signed by the grantees.

THIS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. SPECIFIC QUESTIONS FOR ACTUAL

REAL PROPERTY TRANSACTIONS SHOULD BE DIRECTED TO YOUR ATTORNEY OR C.P.A.

TITLE INSURANCE

Most real estate transactions are closed with a title insurance policy. Many home buyers just

assume that when they purchase a piece of property, possession of the deed to the property is

all they need to prove ownership. This is not true. Hidden hazards may attach to real estate.

A property owner's greatest protection is a policy of title insurance...

WHAT IS TITLE INSURANCE?

It is a contract of indemnity which guarantees that the title is as reported and, if not reported and the

owner is damaged, the title policy covers the insured for their loss up to the amount of the policy.

Title insurance assures owners that they are acquiring marketable title. Title insurance is designed to

eliminate risk or loss caused by defects in title from the past. Title insurance provides coverage only for

title problems which were already in existence at the time the policy was issued.

THE TITLE SEARCH

Title companies work to eliminate risks by performing a search of the public records or through the title

company's own plant. The search consists of public records, laws and court decisions pertaining to the

property to determine the current recorded ownership, any recorded liens or encumbrances or any other

matters of record which could affect the title to the property. When a title search is complete, the title

company issues a preliminary report detailing the current status of title.

THE PRELIMINARY REPORT

A preliminary report contains the following vital information, which can affect the close of escrow:

ownership of the subject property, how the current owners hold title, matters of record that specifically

affect the subject property or the owners of the property, a legal description of the property and an

informational plat map.

THE PRELIMINARY REPORT

The preliminary report indicates the type of title insurance offered by the title company. It also

indicates the exclusions and exceptions from coverage under which the policy will be issued...

REVIEWING THE PRELIMINARY TITLE REPORT

The preliminary report should be reviewed immediately with special attention to the

following areas...

• Verify the ownership vesting. Make sure the names on the report are the same as

the names on the purchase contract.

• Read the informational notes for important facts about the property.

• Carefully review the exceptions: bonds, deeds of trust, current taxes,

CC&R's and easements.

• Look for surprises. If you can't locate an easement, if an unexpected deed of trust

appears, etc., call your escrow officer right away. Let your title company be the problem

solver. Top notch escrow officers and title companies go out of their way to resolve

problems quickly and accurately.

AFTER THE SIGN-OFF

What next after

completion of the

sign-off?

What is "escrow

closing"?

When do I receive

proceeds from the

sale?

What happens after

escrow closes?

What happens to

funds held in

escrow?

After you and the buyer have signed all the necessary instructions and documents, the

escrow officer will return them to the new lender for a final review. Following the

review, which usually occurs within a few days, the lender is ready to fund the buyer's

loan and advises the escrow officer so that the necessary work can be completed to

record the documents and "close" the escrow.

It signifies legal transfer of title to the property from the seller to the buyer and is the

culmination of the transaction.

Usually the Grant Deed and Deed of Trust are recorded within one working day of the

escrow's receipt of loan funds. This completes the transaction and signifies the "close

of escrow." Once all the conditions of the escrow have been satisfied, the escrow

officer advises you of the date the escrow will close and takes care of the technical

and financial details, including paying off your loan.

A final settlement statement and a check for the proceeds will be available to you the

day the sale is completed, documents are recorded and the escrow is closed.

AFTER THE CLOSE...

After the loan has been finalized, the documents signed and recorded, and the financial

settlement completed, there are still several steps which must be accomplished to

complete the transaction.

Your existing loan is being paid in full from the escrow. Your lender is required by

law to issue a full re-conveyance of their loan. As soon as the deed of re-conveyance

removing the previous Deed of Trust is received, it should be recorded and the

original returned to you. This may take several weeks. However, you need not be

concerned by this delay since it is normal.

In some cases, the escrow holder will be instructed to hold funds in escrow to pay

off obligations which may not be completed until after escrow closes. An example

might be a set-aside of funds to correct a structural problem, remodeling or termite

repair work. Upon completion of the project and receipt of the proper documentation

and releases, the escrow officer will disburse the reserved funds.

INSPECTIONS

Real estate contracts often contain contingency clauses that allow buyers to inspect the property

physically (usually at their expense). This inspection provides a comprehensive review of the

infrastructure of the property.

Which inspections to order is usually a matter of observation and knowledge of what is critical to

a particular region or area. Below is a list of the three most common types of inspection:

STRUCTURAL PEST CONTROL

• To determine any active infestation by wood destroying organisms

• Section I on the report will be items that need immediate attention because of

active infestation. Lenders usually want the work performed prior to funding the loan.

• Section II on the report will be items that could cause infestation and, if not corrected,

could cause damage.

PHYSICAL INSPECTION

• This inspection encompasses roof, plumbing, electrical, heating and any other

accessible area of the structure.

• A detailed report will be written with recommendations for repair or for further

inspection by a specialist.

SOME OTHER INSPECTIONS

• Well and Septic • Contractor's Home Inspection

• Hazardous Materials • Chimney Inspection

• Heating and Air Conditioning

• Structural Engineering

• Energy Audit

HOME WARRANTIES

As a Real Estate professional, it is my duty to inform both Buyers and Sellers about the

advantages of home warranty protection. This policy protects the Buyer by paying for certain

repairs and costs of major mechanical systems and major appliances in the home such as

heating and air-conditioning. There are a variety of plans available, and I would be happy

to gather a selection of plans for you to review.

BENEFITS OF HOME WARRANTY COVERAGE TO THE SELLER

• Home may sell faster and at a higher price

• Optional coverage during the listing period

• Protection from legal disputes that occur after the sale

• Increases the marketability of your home

BENEFITS OF HOME WARRANTY COVERAGE TO THE BUYER

• Warranty coverage for your major systems and built-in appliances

• Protects your cash flow

• Puts a complete network of qualified service technicians at your service

• Low deductible

SELLER CONTACTS

REAL ESTATE AGENT ESCROW OFFICER

LENDER TITLE OFFICER

PHYSICAL INSPECTOR INSURANCE AGENT

OTHER IMPORTANT CONTACTS: ________________________________________________

HOME S E L L E R ' S BOOK

MOVING EXPENSES

When you meet the IRS's definition of a qualifying move, the following items are tax deductible:

TAX DEDUCTIBLE MOVING EXPENSES:

• The cost of trips to the area of a new job to look for a home. Your home

shopping expedition does not have to be successful for the cost to be deductible.

• The cost of having your furniture and other household items shipped,

including the cost of packing, insurance and storage for up to 30 days.

• The cost of getting your family to the new home town, including food and

lodging expenses on the trip.

• The cost of lodging and 80% of food expenses for up to 30 days in the new

home town, if these temporary living expenses are necessary because you

have not yet found your ideal home or it is not ready when you arrive.

• Certain costs associated with the sale of your old home and purchase of the

new one. These expenses, including real estate commissions, legal fees, state

transfer taxes and appraisal and title fees, could be used either to reduce the

gain on the sale of the previous home or to boost the basis of the new one. But

it's usually beneficial to count them as moving expenses up to the allowable dollar

limits, because that gives you an immediate tax benefit.

Provided for informational purposes only. Consult your tax or legal advisor for advice on your particular

situation.

MOVING CHECKLIST

Changing Address

• Forward address at post office

• Credit card accounts

• Publications

• Bank accounts

Utilities to Cancel

• Telephone, check for refund

• Gas & Electric, check for refund

• Water, check for refund

• Garbage

• Propane

• Cable, check for refund

OLD RESIDENCE

Moving Preparation

• Defrost refrigerator

• Auto transportation needs

• Pet transportation needs

• Travel cash or checks

• Hand carry jewelry and valuables

• Leave keys

• Leave garage door openers

Medical Services to Obtain

• Medical records

• Dental records

• Veterinarian records

• School transcripts for kids

NEW RESIDENCE

Changing Address

• Ask postman to hold mail for your arrival

Utilities

• Telephone: new number ________________

• Gas & Electric

• Water

• Garbage

• Propane

• Cable

Government Licenses & Services

• Apply for state driver's license

• Register car

• New address on driver's license

• Register to vote

• Register children in school

Medical Services

• New doctor

• New dentist

• New veterinarian

REAL ESTATE GLOSSARY...

Adjustable Rate Mortgage

(ARM)

Adjustment Period

Amortization

Annual Percentage Rate

(APR)

Assumption of Mortgage

Cap

CC&R's

Closing Statement

Due on Sale Clause

Earnest Money

Federal National Mortgage

Association

Finance Charge

A mortgage with an interest rate that changes over time in line with movements

with the index.

The length of time between interest rate changes on an ARM. For example,

a loan with an adjustment period of one year is called a one year ARM which

means that the interest rate can change once a year.

Repayment of a loan in equal installments of principal and interest rather

than interest only payments.

The total finance charge (interest, loan fees, points expressed as percentage

of the loan amount)

A buyers' agreement to assume the liability under an existing note that is

secured by a mortgage or deed of trust. The lender must approve the buyer in

order to assume the loan.

The limit on how much an interest rate or monthly payment can change,

either at each adjustment or over the life of the mortgage.

Covenants, Conditions and Restrictions. A document that controls the use,

requirements and restrictions of a property.

The financial disclosure statement that accounts for all of the funds received

and expected at the closing of the escrow, including deposits for taxes, hazard

insurance and mortgage insurance.

An acceleration clause that requires full payment of a mortgage or deed of

trust when the secured property changes ownership.

The portion of the down payment delivered to the seller or escrow agent by

the purchaser with a written offer as evidence of good faith.

Popularly known as Fannie Mae. A privately owned corporation created by

Congress to support the secondary mortgage market. It purchases and sells

residential mortgages insured by FHA or guaranteed by VA as well as

conventional home mortgages.

The total cost a borrower must pay, directly or indirectly, to obtain credit.

REAL ESTATE GLOSSARY...

Graduate Payment

Mortgage

Home Inspection Report

Home Warranty Plan

Index

Joint Tenancy

Lien

Loan Commitment

Loan to Value Ratio

Margin

Negative Amortization

Origination Fee

PITI

Point

A residential mortgage with monthly payments that start at a low level and

increase at a predetermined rate.

A qualified inspector's report on a property's overall condition. The report

usually covers an evaluation of both the structure and mechanical systems.

Protection against failure of mechanical systems within the property. Usually

includes plumbing, electrical, heating systems and installed appliances.

The measure of interest rate changes used to determine adjustments in an

ARM's interest rate over the term of the loan.

An equal, undivided ownership of property by two or more persons. Upon

death of any owner, the survivors take the decedent's interest in the property.

A legal hold or claim on property as security for a debt or charge.

A written promise to make a loan for a specified amount on specific terms.

The relationship between the amount of the appraised value of the property,

expressed as a percentage of the appraised value.

The number of percentage points the lender adds to the index rate to calculate

the ARM interest rate at each adjustment.

This occurs when monthly payments fail to cover the interest cost. The interest

not covered is added to the unpaid principal balance so that even after several

payments you could owe more than you did at the beginning of the loan.

A fee or charge for establishing a new loan.

Principal, interest, taxes and insurance.

An amount equal to 1% of the principal amount of the investment or note.

The lender assesses loan discount points at closing to increase the yield on

the mortgage to a position competitive with other types of investments.

REAL ESTATE GLOSSARY...

Prepayment Penalty A fee charged to the mortgagor who pays a loan before it is due.

Private Mortgage

Insurance

Insurance written by a private company protecting the lender against

loss if the borrower defaults on the mortgage.

Purchase Agreement A written document in which the purchaser agrees to buy certain real

estate and the seller agrees to sell under certain terms and conditions.

Also called a sales contract.

Tenancy in Common A type of joint ownership of property by two or more persons with no

right of survivorship.

Title Insurance Policy An insurance policy which protects the purchaser, mortgagee or the

party against liens or encumbrances against their property.

VA Loan A loan that is guaranteed by the Veterans Administration and made by a

private lender.

HOMESELLER'S GLOSSARY...

Agency A legal relationship in which someone (principal) hires someone else (agent) to

represent them to a third party.

Application Fee A fee to cover some of the charges of the loan process.

Appraisal Fee A fee charged by the lender for an appraisal.

Assessed Value The value placed on property by the County Assessor District as a basis for

taxation.

Balloon Payment An instance in which the final installment payment on a note is greater than the

preceding payments, and pays the note in full.

Chain of Title A history of conveyances and encumbrances affecting the title of real property.

Conventional Mortgage A mortgage securing a loan made by investors without government

underwriting - that is, not FHA insured or VA guaranteed.

Convey or Conveyance Process of transferring ownership of property from one person to another.

Courier Fee Charges for delivery.

Credit Report Fee Assessed by the lender for a required credit report from a credit bureau.

Deed A document which, when properly executed and delivered, conveys title of real

property.

Disclosure To make known or public. When dealing with real property, all disclosures should

be made in writing.

Discount Points A negotiable fee paid to the lender to secure financing for the buyer. Discount

points are up-front interest charges to reduce the interest rate on the loan over the

life, or a portion, of the loan's term. One discount point equals one percent of the

loan amount.

Earnest Money Money deposited by a buyer as evidence of good faith.

Encumbrance Anything that affects or limits the ownership of real property, such as mortgages,

liens, easements or restrictions of any kind.

Escrow Fee Charged by the title company to service the transaction and to escrow money

and documents.

Escrow The deposit of documents and funds with instructions to a neutral third party to

carry out the provisions of an agreement or contract.

HOMEBUYER'S GLOSSARY...

Exclusive Right To A written agreement between owner and agent giving agent the right to sell a

Sell Listing property and collect a fee for a set term.

Fair Market Value The price at which a willing seller would sell and a willing buyer would buy,

neither being under abnormal pressure.

Loan Origination Fee Normally 1% of the loan amount, charged by the lender to the buyer.

Mortgage A legal document that provides security for repayment of a promissory note.

Mortgagee's Title Policy Required by lenders to ensure that the lender has a valid lien. It does not protect

the buyer. Also required for 2nd mortgages.

Owner's Title Policy Insures the buyer against loss due to any defect of the title not excepted to or

excluded from the policy.

Points Paid by the buyer or seller. One point is equal to one percent of the loan amount.

Principal The employer of an agent in an agency relationship.

Recording Fee Charged by the County Recorder to record documents in the public records. Charges

are based on number of pages recorded.

Septic Inspection The septic system must have certificate by the city or county Health Department.

Survey Survey of property required by lender; shows lot size, easements, any

encroachments, locations of improvements, etc. . . .

Tax Service Fee Required by the lender for collection and disbursement of tax escrow by a

servicing company.

Termite Inspection Required by lender to show property free and clear of active termites.

Time is of the Essence Demands punctual performance in a binding contract.

Title Policy Insurance policy on the ownership of real property, against defects in title.

Title In dealing with Real Property, title means ownership.

Underwriting Fee Charged by a lender to underwrite the loan.

VA Funding Fee Veteran's Administration charge for originating a VA loan.

Warehouse Fee Charged by the lender to hold the loan locally before selling it in the secondary

mortgage market to an investor.

Zoning Act of city authorities specifying type of use for which property may be used.

HELPFUL REMINDERS...

If you wish to transfer funds to another escrow or wire transfer funds, arrangements

must be made in advance with the escrow officer.

In the event that you wish to use a Power of Attorney, arrangements must be made one to

two weeks in advance with the escrow officer and the Power of Attorney must be approved

by the buyer's lender and your title company. These arrangements should be made as

early as possible in the transaction.

Please bring appropriate identification with you to the escrow company, so that your

identity can be verified by the notary public.

Should the funds deposited in escrow be insufficient for closing, you will need to bring

a cashier's check or certified check to the title company for the remainder of the purchase

price. Either type of check should be from a California bank or savings and loan and

should be issued in the exact amount of the balance due. The amount of the balance may

be obtained by phoning the escrow officer prior to signing the papers. The check should

be made payable to your escrow company.