May 18th, 2009
The parents can deed a remainder interest to the child and reserve to themselves a life estate. This is a method of assuring lifetime income for the parents. The child actually owns an interest in the land, but the right to use the land belongs to the parents during their lifetime. The parents, if they so desire, could give a lifetime lease to the child. The property is still subject to estate taxes when the parents have retained a life estate and have deeded a remainder interest to a child but the property is not subject to regular probate.
Advantages
• The child is assured of having the farm and the parents are entitled to income during their lifetime.
• If the parents have no other property, no regular probate proceeding will be necessary to determine fact of death and terminate the life estate. In this procedure, an estate tax return is prepared and a certificate of tax clearance is obtained from the tax commission. The cost of this shorter probate procedure is much less than the cost of a regular probate proceeding.
Disadvantages
• Conflicts regarding management of the property may arise between the life tenants and remaindermen.
• The child could sell his remainder interest to an uncooperative person. The parents could prevent this by inserting a clause in the deed that states, “if the child transferred his rights during the lifetime of either parent, the remainder interest would revert to the parents.”
• It is hard to value what the child is getting.
• The laws are unclear regarding how mineral interests are handled in a life estate.
• Once the life estate is created, parents cannot change their mind about how the property will be distributed at their death. Thus flexibility to handle changing circumstances is cancelled.
• Creditors of the child may be able to reach the child’s remainder interest and if the child has financial difficulties, his inheritance may be lost.
Tags: income, Life Estate, ownership, stock market, Stocks, tax Posted in Life Estate | Comments Off
March 8th, 2009
The existence of certain physical factors may make the property ineligible for maximum financing. In such cases, the lender may reject the loan outright or impose a much lower Loan-to-Value ratio limit. Some of the factors that may cause such ineligibility include the following seven appraisal findings.
1. Economic obsolescence
2. Major functional obsolescence
3. Declining property values
4. Deferred maintenance
5. Rural property < 25% built up
6. Buildings are not typical of the area
7. Items that affect the marketability or livability of the property
When faced with any of the above conditions, the property owners must review the situation carefully. Some factors, such as functional obsolescence, deferred maintenance and livability, are within the owner’s control. Other factors, unfortunately, are not.
Tags: Appraisals, cash, currency, exchange, mortgage, property Posted in Appraisal Reports | Comments Off
March 8th, 2009
The appraisal includes a large variety of information that must be read and analyzed by the loan officer or processor. The appraisal examines the property to determine its worth and to provide the lender with a risk assessment.
Whether the house will be single-family, multi-unit, condominium or construction affects the type of information that the appraiser must gather, which partially explains why the appraisal for a four-unit building costs more than the appraisal for a single-family home.
The appraisal must contain the market value and an analysis of the following eight data categories:
1. Property & lender information
2. Neighborhood description
3. Site description
4. Improvements to the site
5. Cost approach analysis
6. Market data analysis
7. Income approach analysis
8. Reconciliation of value estimates
9. Additional support documents
Tags: Appraisals, costs, credit, property, real estate, worth Posted in Appraisal Reports | Comments Off
March 8th, 2009
For residential mortgage loan underwriters, appraisal reports normally have a shelf-life of three months. If the appraisal report is older than three months but less than twelve months old, most lenders will accept it as long as the appraiser can issue a re-certification letter, which states that the appraiser has reviewed current data and that the original value estimate is still valid.
When the appraisal report is completed, mortgage lenders will submit it to the underwriter. The underwriter will review the appraisal data to confirm that the property meets the program requirements. The underwriter will occasionally submit the report through a formal appraisal review, conducted by an in-house specialist or an independent appraiser. The goal of the appraisal review is to double-check the final value. If the appraisal review returns with a lower appraisal value, the underwriter must accept that lower value.
There are two types of appraisal reviews:
- Desk review. Most lenders, especially for conforming loan programs, conduct simple desk reviews—nominally at their desk. Such reviews simply go through a checklist of items as they analyze he appraisal report for completeness and acceptable conclusions.
- Field review. Many non-conforming lenders, especially when dealing with high-LTV loans, will order a field review of the appraisal. An independent third-party appraser will be contracted to review the appraisal report and then actually verify the accuracy of the data, elements and procedures used by the original appraiser.
Note that with larger jumbo loans and larger property sizes, many lenders will require a second appraisal report.
Lite Appraisals
Increasingly, many conforming lenders require and accept lighter versions of the standard appraisal report for their underwriting. Instead of a full-blown appraisal report, an exterior or “drive-by” appraisal is deemed acceptable. This exterior-only appraisals do not require the research and legwork of the standard appraisal report; so the costs are usually significantly lower.
Commercial Property Appraisals
Appraisal reports for commercial and industrial properties are more detailed and researched. As such, they tend to cost at least $1,000 for a small apartment building. They usually take a more narrative approach, unlike the residential property appraisal which uses a standard form to list the facts.
Tags: advice, appraisal reviews, appraisal value, Appraisals, cash, money Posted in Appraisal Reports | Comments Off