Category: Resources


Welcome to Florida: Buyer Pick or Seller Pick?

Here’s a little disclaimer Aaron M. Davis, CEO of Florida Agency Network, likes to give when speaking on title insurance in Florida.

“Florida, where a judgment can attach to a piece of property simply by filing a document with the clerk, and the name doesn’t even have to be spelled correctly.

Florida, where the county may or may not have to actually FILE an enforcement action on a property for it to attach, as long as they were thinking about doing it at some time.

Florida, where an unlicensed contractor can pull a permit on a house to put on a new roof, not close a permit, and 10 years later you have to hire a licensed contractor to go back, fix the prior’s work, and close the permit.

Florida, were the seller picks the title agent or attorney, and pays for title insurance, but only depending on the county you are in. Or, even depending on what PART of a county you’re in.”

Across the country, there are 37 states where the buyer picks/pays for title and 12 states where it’s customary for the seller to do so.

Then there’s Florida.

Where the Buyer picks in:

  • The Panhandle
  • Sometimes around the beach areas in Sarasota
  • South Manatee County (but only to the Manatee River, where North is customary for seller to pick)
  • Miami-Dade County
  • Broward County
  • Collier County
  • Some of Palm Beach County, but not North…..

Then, seller picks in the majority of the other areas…

HUH???

Title scholars, settlement experts, underwriting counsel, and others  who still say things like “HUD statements, policies in triplicate, dot matrix printers, and white out,” have contemplated WHY this occurs in Florida.

Well, Aaron has figured it out!  We can blame two men named Henry. (Of course, it’s a man’s fault.)

Henry Plant and Henry Flagler

These two gentlemen were railroad tycoons who ventured deep into Florida. The areas they ended up in became tourist destinations, with great beaches, water access, and lots of construction opportunities. Plant’s rail line landed in Sarasota, and Flagler’s line had a few stop down the East coast of Florida, landing in Palm Beach and Miami.

With all those tourists and construction came the attorneys who handled those transactions, several of who previously resided in New York. And in New York, you guessed it – it’s customary for the buyer to pick and pay for title.

As for coastal areas, well, those buyers are typically wealthy, so we guess they just get stuck with the bill.


Are You Helping the Bad Guys?

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You may not know it, but your email and web browsing habits may be inadvertently helping the “bad guys” take your personal information, or nonpublic private information (NPPI). Hackers are targeting the real estate industry by utilizing sophisticated techniques and technology to hack into existing email threads and redirect the communication, and far worse, the funds, elsewhere. For real estate agents and their clients, this could mean a big payday for hackers, as well as an enormous headache, and possibly legal action, for agents and their clients.

To protect you and your clients, Aaron M. Davis, CEO of Florida Agency Network (FAN), has compiled a list of actions agents should take to help prevent exposing themselves and their clients to a potential hacking situation.

  • Make sure your title agent only sends encrypted wire instructions directly to the buyer and does not copy the real estate agent. (Many like to include the agent as a means of notification, but this puts the transaction at risk.)
  • Advise your clients that they will only receive the wire instructions ONCE from your title company, and then call to confirm, at a phone number you know to be authentic, prior to sending a wire.
  • Hackers use keyword searches when seeking out fraudulent misdirection opportunities. Stay away from using words in the subject of your emails like “WIRE”, “FUNDS”, and “FUNDING”, as these terms are what hackers are looking for.
  • Change your email password(s) once per month.
  • If you click on a suspicious email link or document, immediately change your password.
  • Invest in antivirus software.
  • Make sure you update your computer patches. Antivirus patches and cell phone updates should be applied immediately upon release, as most are released to address security flaws.
  • Educate your clients on industry scams. Forward this link to clients for further information: https://www.ic3.gov/media/2016/160614.aspx

Hackers have infiltrated our industry and figured out how to create chaos. The most effective way to fight back is to educate yourself and partner with companies that monitor and secure their networks.

Through FAN’s partner, Premier Data Services, agencies within the Network stay up-to-date on compliance initiatives and policies. Each agency hosted by Premier Data Services is SOC 2 compliant, and is audited and verified by a third-party specialist organization, 360Advanced. FAN and its agencies gladly take on the responsibility of not only insuring the title to your home, but also in safeguarding your NPPI.

 

 

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6 Selling Mistakes

If you’re selling, don’t do these things – take some notes from the video!
1. Don’t Sell Before The House Is Ready.

If it doesn’t present well, it won’t sell well.

2. Don’t Over-Improve

People buy houses in neighborhoods.

If yours is so “improved” that it sticks out you’re hurting your chances at selling.

3. Hire Wrong

Make your agent choice for business reasons.

Personal relationships matter, but experience and expertise will determine financial success in your sale.

4. Don’t Hide Anything

Covering up or ‘failing to mention’ real problems doesn’t work.

State disclosure laws are strict and you can be sued after the sale for anything that should have been made clear.

5. Don’t Rush

You should know about your mortgage, including pre-payment penalties your market conditions and trends and your options for your next home before jumping on the market.

6. Don’t Get Too Emotional

Your attachment to your house and your own financial needs

don’t really matter in the transaction.

If you can’t set them aside the sale won’t go as you’d like it to.

Remember – it was your home but to the buyer it’s as a house.

 

How Do I Make A Home Ready To Sell?

As we show you in this video, start several months before the property is made available. Look through the eyes of a buyer

  • What needs to be cleaned?
  • Repainted?
  • Repaired?
  • Or tossed?

Ask yourself – or a friend, If you were buying this house what would you want to see?

The goal is to show a home that looks good makes the most of its assets like space and location and attracts as many buyers and as much demand as possible.

Allow yourself enough lead time – not just a day or two – to make the most of the sale. And get help from a real estate agent – early.

What Steps Need To Be Taken To Secure A Loan?

You’ll see some pictures in this video to help you remember later, but the first step in securing a loan is to complete a loan application.

To do so, you’ll need the following information.

  • Pay stubs for the past 2-3 months.
  • W-2 forms for the past 2 years.
  • Information on long-term debts.
  • Recent bank statements tax returns for the past 2 years.
  • Proof of any other income.
  • Address and description of the property you wish to buy.
  • A sales contract on the home you want to buy.

During the application process, the lender will order a report on your credit history and a professional appraisal of the property you want to purchase. The application process typically takes between 1-6 weeks.

What Is Equity?

Equity is the value YOU own in property such as a house. It’s the difference between what’s OWED and what the property is WORTH in the current market.

The example this video shows – you have a house worth $300,000 today and you owe the bank $200,000.  Your equity would be $100,000.

If the house is valued at $500,000 in five years, and you still owe $150,000 your equity will be $350,000.

Equity grows if the property value goes up or if the amount owed goes down.  The key thing to remember, simple as it sounds, is that you “own” increases in value. The bank’s loan doesn’t go up if the home’s value goes up.

Equity in a home can be used as collateral for loans but a house is not a piggy bank. Home equity can become a key financial asset over time; treat it wisely.

What Is “Prime”?

The Prime Lending Rate – sometimes just called “Prime”  – is the interest rate that banks charge each other for overnight loans. Some consumer rates – like ARMs – are set in relation to Prime.

In the US, Prime is affected by the Federal Reserve lending rate to banks; historically, Prime is about 3 percent above the Fed rate.

The video shows  an example.

  • The Federal Reserve loans to Bank A at 1%
  • Bank A loans to Bank B at 4%
  • Both banks – A & B – will recalculate variable-rate loans like ARMs on that 4% Prime figure.

ARM rates are frequently defined as “% above Prime” – that gap is usually called the “margin” or “spread.” Just remember those 3 layers in Prime: Federal Reserve Bank A Bank B And finally, YOUR rate.

What Is PMI?

This video tells you about it all. PMI stands for Private Mortgage Insurance or Insurer. These are privately-owned companies that provide mortgage insurance. They offer both standard and special affordable programs for borrowers.

These companies provide guidelines to lenders that detail the types of loans they will insure. Lenders use these guidelines to determine borrower eligibility.

PMI’s usually have stricter qualifying ratios and larger down payment requirements than the FHA but their premiums are often lower and they insure loans that exceed the FHA limit.

What Is Mortgage Insurance?

Like the video shows, mortgage insurance is a policy that protects lenders against some or most of the losses that result from defaults on home mortgages. Like home or auto insurance, mortgage insurance requires payment of a premium, is for protection against loss, and is used in the event of an emergency.

If a borrower can’t repay an insured mortgage loan as agreed, the lender may foreclose on the property and file a claim with the mortgage insurer for some or most of the total losses.

You generally need mortgage insurance only if you plan to make a down payment of less than 20% of the purchase price of the home. The FHA offers several loan programs that may meet your needs.


Can the TRID 3-day rule possibly delay your closing?

One of the regulations associated with the new TRID forms is a 3-day rule. The 3-Day rule mandates borrowers MUST receive the Closing Disclosure 3-days before the closing date. This new rule gives consumers the opportunity to review the closing disclosure and ensure all information is correct and correlates with the Loan Estimate.

However, what happens if any changes need to be made?

The infograph below explains three situations that would require a new closing disclosure and thus, delay your closing.

3 Day Rules