Selling a Home: Your Legal Checklist By Joe Szabo, Scottsdale Real Estate Team
Resolve debts, encumbrances and liens
If your property has incurred any sort of debt, encumbrance or lien, you will need to take care of this prior to settling with your buyer. This obstacle can arise in any number of ways, including through:- Federal, state or local tax liens
- Civil court judgments
- Child support or spousal support missed payments
- General unpaid debts
- Failure to pay homeowners association dues
Get joint tenants on the same page
The ownership structure of your property may impact your ability to sell, especially if you inherited the property with several family members as joint tenants. If this is your situation, your options for selling the property are limited. You can either gather consent from all owners or try to divide the property in your state’s court of equity, which is usually a lengthy, expensive and highly combative process. In other words, before you attempt to sell jointly owned property, you need to get everyone on the same page and agree on how to split the net proceeds after the sale. The same holds true if you and your spouse are going through a divorce and have mutually decided to sell the marital home. If the property was owned through joint tenancy or tenancy by the entirety, both owners will need to sign the transfer deed over to the new buyers and agree to split the proceeds accordingly. Trying to sell the house out from under your ex probably won’t work, and you could face serious fraud consequences for trying it.Draft a home sale agreement, if needed
While other countries have set up laws granting property and ownership rights to unmarried domestic partners, the vast majority of U.S. jurisdictions have yet to catch on to this trend — much to the dismay of domestic partners seeking to sell their home or purchase property. One of the best ways to ensure the process goes smoothly is to encourage open communication and clearly set contract terms that determine the profit division after the sale, especially if one partner is not on the deed. Prior to engaging real estate professionals, sit down with your partner and go over the current financials of the property, including outstanding mortgage debt, asking price and your agreed-upon bottom line offer threshold. From there, discuss the ownership expectations of both parties: Is it 50/50? 40/60? 25/75? This conversation may feel awkward at first, but it is the best way to protect each party’s investment in the property, which includes payment toward the mortgage, improvements, sweat equity and upkeep. Once these issues are decided, have an experienced real estate attorney draft a home sale agreement that sets forth the allocation of proceeds upon sale, the responsibilities of each party with regard to debts or encumbrances, and any other terms agreed upon between you and your partner. With this agreement in place, you are both protected from the pitfalls of litigation in the event the relationship — or the deal — crashes and burns. Otherwise, the court will only be able to help the party named on the deed as the owner.Gather important documents
Finally, as you prepare for the sale of your home, it helps to compile all the important documents related to the value of the property, such as:- Deed
- Evidence of encumbrances, liens, judgments, etc.
- Surveys
- Appraisals
- Documentation of major repairs, damage or improvements
- Any agreements made between tenants or co-habiting partners
- Comparable sales in the area (if available)
- Any agreements made between you as the seller and your real estate agent (if applicable)
- Copies of restrictive covenants imposed upon the community, as this information will be highly relevant to prospective buyers
4 Tips for Making Any Room Seem Larger By Joe Szabo, Scottsdale Real Estate Team
Expand your square footage to the outdoors
If you have large windows with beautiful views, add those colors to your room to unify the outside world with inside space and expand the look of your rooms. With the wonderful patterns and colors that outdoor fabrics offer, there is no reason to stop the “pretty party” at your interior.
Carrying coordinating materials outside for drapes, cushions and area rugs will only make your space look visually larger. On the interior, let as much natural light into a room as possible so it opens up the space and gives it character.Edit mercilessly
Declutter your space. Try to dispose of everything you have not used for a year. Do not get attached to furniture. Get rid of any item that is not adding to the look of the room.Create organized storage wherever possible via built-in benches and use multi-purpose and storage furniture pieces, such as ottomans, so items that are less frequently used can be stowed away.
When it comes to cabinets and bookcases, do not fill up every shelf in a room; leave some of them half empty and spacious for an airy and more dramatic look. Where functional, remove as many doors as possible or use pocket doors to increase the sense of space.Keep it simple
Link adjacent spaces with a unifying wall color and floor material. Maintaining a monochromatic palette makes rooms look bigger. If you do need to change flooring materials, simply stay within the same color family — the fewer floor “breaks,” the better.Light colors or neutrals are space expanders and provide a neutral background for furniture and artwork.
Using cool colors will make your walls appear to visually recede. Additionally, it is best to avoid unnecessary details, such as ruffles, in furniture and window treatments. Use simple paneled draperies or shades instead.Make a statement
Installing an oversized mirror or a set of smaller mirrors will add extra light, sparkle and make a small room appear larger. Even if a room is small, adding oversized artwork on a small wall or a statement light fixture overhead can create drama while making the space appear larger than it is.
You may also consider adding a floor-to-ceiling and wall-to-wall bookcase — this trick will create an impressive focal point and visually expand space by pushing the walls and ceiling out. Please note that this Scottsdale Real Estate Blog is for informational purposes and not intended to take the place of a licensed Scottsdale Real Estate Agent. The Szabo Group offers first class real estate services to clients in the Scottsdale Greater Phoenix Metropolitan Area in the buying and selling of Luxury homes in Arizona. Award winning Realtors and Re/MAX top producers and best real estate agent for Luxury Homes in Scottsdale, The Szabo group delivers experience, knowledge, dedication and proven results. Contact Joe Szabo at 480.688.2020, [email protected] or visit www.scottsdalerealestateteam.com to find out more about Scottsdale Homes for Sale and Estates for Sale in Scottsdale and to search the Scottsdale MLS for Scottsdale Home Listings.5.2 Million Renters Plan to Buy in the Next Year By Joe Szabo, Scottsdale Real Estate Team
Tax Benefits of Homeownership By Joe Szabo, Scottsdale Real Estate Team
Mortgage interest
When you purchase a home, you will likely get a mortgage. Your monthly mortgage payment is made up of both principal (paying money to pay down the loan) and interest (what the lender charges for supplying the loan). As a way to incentivize homeownership, the federal government provides a tax benefit when it comes to the interest portion of your mortgage payment. A homeowner can write off, dollar for dollar, the interest portion of their mortgage payment. Say, for example, a homeowner’s annual salary is $100,000. Their mortgage payment is $1,200 per month, and the interest portion of that payment is $1,000. At the end of the year, they have a $12,000 tax write-off. In essence, their taxable income is reduced to $88,000.Capital gains
Homeowners also get a tax break when they sell their home. If you purchase your home for $200,000 and sell it for $400,000, you have a $200,000 gain — that’s income. If you have an income by way of a job, a contract position or the sale of stock or mutual funds, you pay income tax on that gain. With homeownership, it’s different. If you are single and lived in the home for at least two of the past five years, you do not have to pay any income tax on that $200,000 gain — in fact, you don’t have to pay on gain up to $250,000. Married couples filing tax returns jointly and following the same owner occupancy guidelines are exempt up to $500,000. Where else can you generate income without paying taxes on it?Tax credits for moving
If you purchase a home in one state and sell one in another, you should check with a CPA in both states. There may be benefits realized in one state but not the other, such as tax credits for moving expenses, if the move is a part of a job transfer. And, for the year you are between states, you will likely need to file a return in each state. It’s always smart to check with a CPA before a real estate transaction. Please note that this Scottsdale Real Estate Blog is for informational purposes and not intended to take the place of a licensed Scottsdale Real Estate Agent. The Szabo Group offers first class real estate services to clients in the Scottsdale Greater Phoenix Metropolitan Area in the buying and selling of Luxury homes in Arizona. Award winning Realtors and Re/MAX top producers and best real estate agent for Luxury Homes in Scottsdale, The Szabo group delivers experience, knowledge, dedication and proven results. Contact Joe Szabo at 480.688.2020, [email protected] or visit www.scottsdalerealestateteam.com to find out more about Scottsdale Homes for Sale and Estates for Sale in Scottsdale and to search the Scottsdale MLS for Scottsdale Home Listings.Mortgage Rate Update By Joe Szabo, Scottsdale Real Estate Team
4 Simple Strategies to Shave Years Off Your Mortgage By Joe Szabo, Scottsdale Real Estate Team
Refinance, then reinvest savings
It’s always prudent to evaluate refinancing when rates drop, but unless you refinance from a 30-year loan to a 15-year loan, refinancing doesn’t automatically shave years off your mortgage. If you bought a home for $300,000 with 10 percent down five years ago, the rate on your 30-year fixed loan of $270,000 was about 4.875 percent, giving you a payment of $1,429 (plus mortgage insurance). With today’s refinance rates of about 3.625 percent on your remaining $247,494 balance, your new payment would be $1,129, saving you $300 per month. It’s a huge savings, but you’re resetting your payoff clock from 25 years back to 30 years. However, if you take the extra step of applying the $300 savings toward your new loan each month, you’ll shave 9.5 years off your new mortgage, giving you a shorter term for the same budget. You can run your own refinance calculations to find the best balance between monthly budget and the fastest loan payoff.Make biweekly payments
A biweekly payment plan is the simplest way to shorten your mortgage without a material budget increase. This plan shaves about four years off your mortgage by paying half your payment every other week. Doing so means you’re making 26 biweekly payments per year, which is the equivalent of 13 monthly mortgage payments per year instead of 12. Your budget can usually absorb this because you’re simply chopping your mortgage payment in half and paying each half every other week. On a $300,000 home purchase with 10 percent down, a 30-year fixed rate of 3.625 percent gives you a payment of $1,231 (plus $88 in mortgage insurance). By paying half ($616) every two weeks, you’re paying your loan down by an extra $103 per month, ultimately saving $26,511 in interest and paying off your loan in about 26 years. Your lender can brief you on how to set up a biweekly payment plan.Increase your monthly payment amount
The biweekly example above shortens your 30-year loan term four years by paying about $100 extra per month, but what if you could afford more? If you paid $200 extra per month on your 30-year fixed loan at 3.625 percent on a home purchase of $300,000 with 10 percent down, you’d save $42,969 in interest and pay off your loan six years and eight months years early. If you paid $300 extra per month, you’d save $57,122 in interest and pay off your loan eight years and 11 months early. And if you paid $400 extra per month, you’d save $68,426 in interest and pay off your loan 10 years and 10 months early. Once you go higher than this, it’s worth looking at whether your budget can accommodate a 15-year loan, because rates on 15-year loans are about 0.5 percent lower than 30-year fixed loans, which means $113 less interest per month versus the 30-year loan. That’s a clear interest cost savings, but your budget is higher: you pay $1,881 per month (plus $59 for mortgage insurance) for a 15-year loan versus $1,231 per month for a 30-year loan (plus $88 for mortgage insurance).Make one-time loan payments when you get extra cash
If you can’t commit to the 15-year loan budget but know you may have cash infusions along the way — like bonuses from work, inheritances, or selling other properties or investments — you can shave years off your 30-year mortgage by doing a large loan pay-down. Here are two scenarios using a $300,000 purchase price with 10 percent down:- If you got a bonus at work and paid down your loan by $10,000 in year three, you’d save $15,747 in interest and pay off your loan one year and eight months early.
- If you got a signing bonus for a new job and paid down your loan by $25,000 in year five, you’d save $32,556 in interest and pay off your loan three years and 10 months early.