Prepayment Penalties – The Double Whammy

You may have heard you can save a bundle of money by paying off your mortgage early. Have you ever asked yourself, “If I’m saving money, who is losing money?” Well, the answer is: your lender. Sometimes, especially with big commercial properties, lenders protect themselves against early payoffs by including pre-payment penalty clauses in their loan agreements.

Many lenders insist on pre-payment penalties to ensure their continued yield over a period of time. This allows them to cover their expenses, since their up-front fees to arrange the loan do not always cover the cost of doing the work. I’m sure you’ve seen the ads promising, “Refinance with us and we’ll pick up all the costs!” In some cases, that means lenders not only pay the title and escrow fees (and related transaction costs), they also pay the loan origination fees, which can add up to 1-2 percent or more of the loan amount.

If that loan is paid off in the first year (instead of over the course of 15 years), the lender will have suffered a significant loss. A friend of mine who does private party, owner occupied loans argues vehemently that his cost to put one new loan on the books is about $7500; and that doesn’t include the escrow costs, title insurance, or the drawing and recording of documents. In those situations, he’s not allowed to charge a pre-payment penalty. Consequently, he either charges an up-front fee to cover his costs or he assesses the situation carefully so he can be confident the loan will stay on the books long enough for him to recoup his costs.

Pre-payment penalties can take many forms. Typically, they are calculated based on some time frame for which the buyer is required to pay interest. If the loan is paid down or paid off early, the lender charges the penalties. In many cases, the lender will only accept a full pay off the loan if the payment includes the remaining principal plus 4-6 months’ worth of interest.

Most lenders hide pre-payment penalty details in plain sight. All pre-payment penalties must be clearly outlined in the loan agreement, but reading through the verbiage and understanding it might require a law degree and a finance background, especially if you want to negotiate on this point.

Although I said “plain sight,” many of the people who read the pre-payment penalty clause don’t know what they’re looking for. It may be referred to as a “yield maintenance provision” or similar title. And like I said, even if you know you should be paying attention, this stuff is dry; I call it bedtime reading (that is, if you’re trying to fall asleep).

The short story of yield maintenance provisions is this: the lender wants to be sure their investment is protected and their long-term yields will be realized. So if your 30-year loan was written at 8 percent ten years ago and you want to refinance it today at 5 percent, the lender will require a penalty of 3 percent of the loan amount times 20 years. Most of us will never experience a yield maintenance provision pre-payment penalty as they are fairly exclusive to very large commercial loans. However, this is the prime example of why it is so important to READ YOUR LOAN DOCUMENTS.

Pre-payment penalties are a negotiable item and many times a lender will be willing to forego (or reduce) a pre-payment penalty in return for a higher interest rate, a lower loan-to-value ratio, or a higher up-front fee. But if you don’t read your loan documents, you won’t know about the penalties. If you don’t know about the penalties, you won’t know you need to negotiate.

If you have questions about real estate or property management, please contact me at rselzer@selzerrealty.com or call (707) 462-4000. If you’d like to read previous articles, visit my blog at www.richardselzer.com. Dick Selzer is a real estate broker who has been in the business for more than 40 years.

 

Marijuana’s Legal Status in California and What Happens Now

Opinions about marijuana are all over the map in Mendocino County, and people can get pretty fired up about their respective positions. Whether you’re pro or con, whether you think legalizing marijuana will help or hurt the local economy, whether you think people who smoke a single joint are drug addicts or no different from an occasional wine drinker, the simple fact is: cannabis will soon be legal to use, possess and share (as well as grow at home) in California.

By a margin of about 56 percent to 44 percent, voters passed Proposition 64 last November, making California the fifth state to legalize recreational pot, after Colorado, Washington, Oregon and Alaska. And the State of California is leaving it up to local jurisdictions to sort out some of the details around cultivation, processing, distribution, and sale. Humboldt County to our north has been proactive and has already put regulations in place.

While state and local governments sort out regulatory details, we still don’t know what Attorney General Jeff Sessions plans to do about enforcing federal anti-drug laws that run counter to state and local ordinances. He’s clearly not a marijuana fan.

In my opinion, the legalization of marijuana is going to have a significant impact on the real estate industry, particularly in Northern California. As it becomes a more readily accepted agricultural crop, and more areas allow cultivation, there will be more volume grown and more tonnage available. A simple supply and demand curve tells us that as supply increases, price decreases.

There are tremendous variables in all this. We don’t know if more people will consume marijuana because it is legal. And although it is hard to imagine marijuana be any easier to get in Mendocino County, for people in other parts of the state, it likely will be easier to find and purchase. Another significant issue, which is difficult or impossible to quantify at this point, is whether Mendocino County will be able to charge a premium for cannabis grown here versus the Sacramento Valley.

My concern from a strictly economic position is that as cultivation picks up in other areas, the increase in supply will force local prices down. Depending on the quantity of production and the price drop, our county could see far less money circulating in our economy.

Of course, not all money generated by the illegal marijuana industry contributes to the local economy. Some marijuana is taken to the Bay Area and traded for hard drugs. Some proceeds from marijuana sales are literally boxed up and sent out of the country. But locals who profit from the marijuana trade do spend money eating in local restaurants and buying local products and services, and the truth is that if the price of marijuana plummets, it will have a noticeable impact on local retail sales (and the associated tax revenue). A dramatic drop in the price of marijuana will probably lead to a dramatic drop in the price of 40-acre parcels with southern exposure and ample water at the end of a dead-end roads all across the county.

If government regulation (either through taxation or other restrictions) limits supply or increases the cost of marijuana, then that will impact its ultimate retail price. If those taxes and/or restrictions are high enough, then producers, distributors, and processors will remain on the black market and continue to get a price that exceeds what I’ll call the “retail commercial production” price—the price that results from following the rules.

While Mendocino County will probably be able to charge a premium for its high quality product, the Sacramento Valley’s production will still eat into local revenue.

This whole thing boils down to two points: the price of current marijuana land will decline and government revenues will probably follow suit. Our local governments need to consider this at budget time.

If you have questions about real estate or property management, please contact me at rselzer@selzerrealty.com or call (707) 462-4000. If you’d like to read previous articles, visit my blog at www.richardselzer.com. Dick Selzer is a real estate broker who has been in the business for more than 40 years.

 

Save the Cost of Mortgage Insurance

Save the Cost of Mortgage Insurance

During the banking crisis in the Great Recession, certain types of mortgages were unavailable that are once again being offered. Fortunately, the 80-10-10 mortgage is one of those making a reappearance and it can save borrowers a considerable amount of money.80-10-10.png

The objective of an 80-10-10 mortgage is to avoid the expense of mortgage insurance for buyers wanting a 90% loan. A buyer can obtain an 80% first mortgage and a 10% second mortgage with a 10% down payment and not be required to have private mortgage insurance.

For example, a buyer could put $30,000 down on a home priced at $300,000 and get an 80% first mortgage without mortgage insurance. The borrower could get a second mortgage, either through the same lender or a third party.

In the example, the 80-10-10 would save a buyer $193.71 per month which can be a considerable amount of money over a ten-year period. The interest rate on the second loan will be higher than the first because there is more risk.

Helping buyers make better choices is a valuable service real estate professionals can provide. Having the right tools and information can make the decisions easier to understand. Using an 80-10-10 calculator, you can see what the savings might be for your situation.

Til next time… May all your deals be easy ones!
Follow me on Twitter @yourmendorealty

Clint Hanks                                   707-391-6000

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Important Estate Documents

Important Estate Documents

An estate plan is a collection of documents to ensure that your wishes are carried out because of death or incapacity to make decisions for yourself. Spouses, minor children, adult children, property and investments can all be factors that should motivate a person to undergo the process.12902925-250.jpg

Will – this document specifies the way a person wants to manage and distribute his/her assets after their death. When a person dies without a will, the laws of the state where the person resided will determine the distribution of the property.

Durable Power of Attorney – this document grants to a designated person the authority to act on behalf of the principal in in legal affairs should the principal become incapacitated. Among other things, this would allow the attorney-in-fact to buy and sell property on the behalf of the principal.

Healthcare Proxy – this document grants that a designated person can legally make healthcare decisions on behalf of the principal when they are incapable of making and executing specific decisions stated in the proxy.

Living Will – this document directs physicians with respect to life-prolonging medical treatments in case they become unable to communicate their decisions.

Hippa Release – this document allows heath care providers to release your health care information to a designated person. Otherwise, they are required by federal law to protect the privacy of your health information.

Letter of Instruction – This document contains information and instructions about a person’s wishes upon death. It is intended to offer details on whom to contact and where to find important documents about personal and financial matters.

Requirements of these documents can vary from state to state and legal advice should be obtained. If you need a current estimate of value on real estate that may be involved, usually a price opinion from a licensed real estate professional will suffice. It would be my privilege to assist you with this at no cost or obligation.

Til next time… May all your deals be easy ones!
Follow me on Twitter @yourmendorealty

Clint Hanks                                   707-391-6000

The post Important Estate Documents appeared first on Clint Hanks, 707-467-3693.

Getting Ready for a Successful Open House

 Every weekend, Realtors hold open houses so prospective buyers can walk through properties and imagine themselves in a new space. Some open houses are more successful than others, because the sellers plan ahead. If you’d like to get the most out of your open house, consider these recommendations.

4 WEEKS BEFORE

Several weeks before your open house, make plans for all family members, including pets, to be away during the open house. If you have young children, ask the grandparents to take the kids that day. If you have dogs, call a kennel—or friends with a fenced yard—so the dogs can remain offsite while visitors check out your property.

This is also a good time to schedule repairs and carpet cleaning. Although the sagging gutters, loose railings, leaky faucets, and minor pet odors may not bother you; they can certainly bother others.

3 WEEKS BEFORE

With three weeks to go, de-clutter your house. Create clean surfaces and remove half of whatever is in your drawers and closets. When drawers and closets are full (or overfull), people assume the house doesn’t have enough storage. Take your clutter offsite: do not put it your garage. People who visit your open house will look in every available space.

In anticipation of visitors, consider buying fluffy white towels for the bathrooms and a new welcome mat for your front door. You should also purchase a box for each bathroom big enough for shampoo, soap, razors, toothpaste, and other personal bathroom items you’ll want to remove the day of the open house. The only thing on the bathroom counters that day should be a new decorative soap and some fresh flowers.

2 WEEKS BEFORE

With only two weeks left before your open house, it’s time for a deep clean. Remove dead bugs from light fixtures, clean the fingerprints off the sliding glass door, clean the doorknobs and light switches—and the dirt around them; and if you’re up for it, power-wash your house, deck, and driveway. If you’ve never used a power washer, find someone who has. This is not a good time to blow holes in your driveway, and believe me, it happens.

1 WEEK BEFORE

A week before the open house, clean the inside of appliances like your oven and refrigerator, declutter your pantry, and put out the new doormat so it isn’t so obviously new for the open house visitors.

THE WEEK OF

The week of the open house is the time to attend to final details. Purchase fresh apples or lemons to place in a pretty bowl in the kitchen. Clean the windows. Mow the lawn a few days before the open house, so the allergens settle down before visitors come. Make sure you have vanilla extract in the pantry. If you have a fireplace, make sure you have fresh logs.

THE DAY OF

First thing in the morning, take your children to their grandparents’ house and your dogs to the kennel. Put yard clutter away, including toys, hoses, and Fido’s water bowl. Walk around the house and collect any valuables, and put them in the trunk of your car or in a locked safe. (It is really rare, but occasionally people who attend open houses steal.) Put personal bathroom items in the boxes you’ve prepared, and put those boxes under the sink. Stow all kitchen appliances away so countertops are clear (which allows people to imagine their own appliances there). Put fresh logs in the fireplace. Prepare a fresh pot of coffee.

RIGHT BEFORE YOU LEAVE (AND YOU SHOULD DEFINITELY LEAVE)

Open all the blinds. Turn on all the lights and put a drop of vanilla extract on a light bulb in each room. If it’s cold and you have a fireplace, light a fire.

Then leave and allow your Realtor to do what they do best.

If you have questions about real estate or property management, please contact me at rselzer@selzerrealty.com or call (707) 462-4000. If you’d like to read previous articles, visit my blog at www.richardselzer.com. Dick Selzer is a real estate broker who has been in the business for more than 40 years.