Tag Archives: property
What Is A Deed Of Trust?
If you live in Alaska, Arizona, California, Colorado, Georgia, Idaho, Illinois, Mississippi, Missouri, Montana, North Carolina, Texas, Virginia, or West Virginia you probably dont have a mortgage, even if the bank, your friends and common chatter call it one. Its more probable that you own your home through a Deed of Trust: something thats a lot like a mortgage but not exactly the same. For legal purposes, mortgages and Trust Deeds are two completely different instruments.
Dont assume that the laws around one apply to the other. Unfortunately, because theyre the most common way of transferring title in over a dozen states, some sloppy commentators confuse the issue by calling Deeds of Trust “mortgages” anyway. Before you do anything with your note, find out exactly what youve got. Dont trust phone conversations. Instead, take a look at your papers or better yet, get a lawyer to look at them.
Obviously, this article is not legal advice but we can give you some informal tips about the key features behind a Trust Deed. They are:
Title to a Trustee: The big, distinctive feature of a Deed of Trust is that its an agreement between three parties: a borrower, a lender and an impartial third party: the trustee. The propertys title goes to the trustee until its paid off, though the borrower can take possession of the property as soon as everybodys signed off on the agreement. Nevertheless, the fact that the trustee has legal title to the property is a significant factor that influences what happens in emergencies such as non-payment of the loan. Trust Deeds are commonly held by a title company.
Promissory Note: Trust Deeds use promissory notes to set down evidence of the debt. The note defines the debt and its conditions, (such as the amount, interest, etc.) so its absolutely necessary to make sure everythings accurate. The lender retains the note until the borrower pays the loan off, after which it is marked “paid in full” and transferred to the borrower.
Rapid Foreclosure: As we mentioned, the trustee has the propertys title, which means that it can initiate a foreclosure and sale itself. For various reasons, most trustees appoint another, separate trustee to handle this. In the event of a default in payment the trustee puts notice in public records for 90 days, initiates 21 days of newspaper advertising and then sells the property. The trustee doesnt even need to take anyone to court. This sale is final, but a borrower can prevent this by coming to some arrangement during the 90 day period of record.
If you think youve got a Trust Deed, take a close look at your papers. Deeds of Trust and promissory notes can both be sold for substantial payouts.
To Pursue Home Loans or Not to Pursue Home Loans
In todays economy, home loans are becoming harder and harder to get. More and more people have bad credit and are finding it impossible to buy a home. Or, if they are able to get a loan, the interest rates are sky high. Many people say that now is a terrible time to buy a home. But although home loans may be difficult to come by, that doesnt mean that it is a bad idea for everyone. There are many things to consider when you are deciding how your home living situation should be.
Obviously, you have to decide if you are going to rent or purchase a home. If your financial situation is unstable, you probably want to consider continuing to rent. If your job is not secure, you could find yourself in a bad situation if you get a home loan you cant afford. Home loans tend to be more expensive monthly, depending on the situation. You also have to look at your credit rating. If you do not have good credit, you are not alone. These days, bad credit has become even more common than good. Despite the fact that fewer and fewer people have good credit, banks are still reluctant to loan to people with poor credit.
Once you have determined that your credit is high enough for alone, there are other things to think about. If you are in the proper position to buy a house, the poor economy can work to your advantage. Property value has plummeted, which means that you can get a house for much cheaper than you normally might. It puts you in a position to make some real money on your house when property value goes back up. While you are in the house, you can also make renovations that will make your property worth even more. In the end, if you are in a good position to buy a house, now is a great time to buy property.
Another thing to consider is that home loans are long term commitments. You shouldnt buy a home unless you are planning to stay in one location for at least five years. With the housing market as poor as it is, the upside is your ability to get a house at a good price. But you should be prepared for the housing market to plummet even more. If you are hoping to turn your house around in a year and sell it, you may find yourself in trouble. If you end up having to move and purchase another house in a new location, you might find yourself trapped in home loans for houses you dont want. There are few things more nerve wracking than having to pay two mortgages while you wait in vain for your house to sell. However, if you are able and willing to make the commitment, you stand to end up with a good investment.
When you are considering home loans, make sure you assess the home you are looking at. Is it a good neighbourhood? Can you do the necessary work to fix it up and raise the value? Are you prepared to stay with the house at least until property value goes up? It is essential that the answer to these questions is yes before you commit to home loans. In a better housing market, it might not take such a huge commitment, but bad planning can cause you to end up in a bad situation foreclosure and a bad mark on your credit report. Make sure you are prepared before you get invested in home loans.