Real Estate Law Content Index - Page 1

The Ask the Real Estate Lawyer column by Samuel Tamkin answers your questions about real estate and the law. These helpful articles by Ilyce Glink and real estate attorney Samuel Tamkin cover all sorts of topics, everything from buying a vacation home to selling investment property.

**Refinance Fees: How Much Is Too Much?** When you're refinancing your mortgage, how much should you be paying in refinance fees? It can be hard to tell what fees you're paying to the lender, what is prepaid interest, and what are the other costs of the loan. Refinance fees, especially for prepaid interest, can add up to the closing costs of refinancing your loan. Have your lender explain exactly what all the refinance fees are going toward before you make any decision about refinancing or canceling your refinance.

**$8000 Home Buyer Tax Credit Extension Causes Confusion Over Start Dates, Mobile Home Rules** The home buyer tax credit extension that opened up a home buyer tax credit to trade-up buyers, not just first time home buyers, has caused some confusion over the rules for the home buyer tax credit. The start date has been a big point of concern for the home buyer tax credit extension. Officially, home buyers must close after November 6 to qualify for the home buyer tax credit extension. RV and mobile homes have also caused some confusion. Read below for some of the IRS answers for the home buyer tax credit extension.

**Qualifying For a Mortgage Loan Stricter For Home Equity Lines Of Credit** Today, bank requirements for a loan are stricter for new home equity lines of credit than they were just a few years ago. Banks and lenders are tightening the requirements for home equity lines of credit and other personal lines of credit to make sure their funds are safe. Now, banks might require higher credit scores, more equity in your home, and other strict requirements before they will give you a line of credit. However, if you shop around, you may be able to find a bank willing to give you a home equity line of credit.

**8000 Tax Credit First Time Home Buyer Requirements: Buying From A Relative** To qualify for the first time home buyer tax credit, you must follow the 8000 first time home buyer tax credit requirements. There are specific rules against buying a house or receiving a home as inheritance and qualifying for the 8000 first time home buyer tax credit. If you buy a house from a more distant relative's estate, that might allow you to qualify for the first time home buyer tax credit. Consult with your own attorney to make sure that you are following the 8000 first time home buyer tax credit requirements.

**Selling A Home And The Due On Sale Clause** If you are selling your home and are not planning to pay off your loan, you should know that your loan probably has a due on sale clause. The due on sale clause allows the lender to call the loan due. The lender can accelerate the payments owed and force you to pay off what is owed on the loan. If you are the lender on a loan and your borrower sells the property without getting your permission, you should make sure your loan documents have a due on sale clause.

Ilyce Glink Show Notes - November 15, 2009. Today on the show, we discussed the new Fannie Mae Deed For Lease Program in Detail; the new CreditKarma Survey on credit card debt; The October 2009 Realty Trac Foreclosure survey; Divorce and Mortgages; Mike Rose, a senior loan officer with Bank of America, came on to talk about some of the new mortgage rules with regard to divorce and FHA; Peggy Abkemeier, President of Rent.com discussed a new survey of investment property owners. NEW EBOOKS ON INVESTING IN REAL ESTATE; EBOOK SPECIAL.

**Investment Property Short Sale Generates Phantom Income** When an investment property is sold as a short sale, it generates what is known as "phantom income." The IRS looks at the difference between what the property is worth and what your sold it for in the short sale as income. You should receive a 1099 for the phantom income generated by the short sale of the investment property.

**Bad Neighbors Fight Over Access To Yard** Neighbors can turn into bad neighbors when fighting over fences or yard access and maintenance issues. The best way to deal with a bad neighbor is usually through communication, but you may be able to get some legal help. Look up your local ordinances to see what kind of rights you're given to your neighbors land to maintain your own property. A bad neighbor can ruin an otherwise perfect home for you, so try to resolve bad neighbor situations so both neighbors are happy.

**Home Buyer Tax Credit Cut-Off Dates: Do I Qualify?** The $8000 first-time home buyer tax credit has been extended and a new $6500 trade-up buyer tax credit was expanded. Some home buyers are upset because they don't qualify for the home buyer tax credit. It's unfortunate that some people just missed the cut-off dates for the home buyer tax credit, but the tax credits have to begin and end somewhere. Do you qualify for the home buyer tax credit?

**Should I Refinance My Mortgage?** Mortgage interest rates keep falling, now below 5 percent. Should you refinance your mortgage? It's more difficult to get a mortgage refinance in today's lending market, but it might be worthwhile to try to refinance your mortgage. Will it reduce your monthly mortgage payments? Will a mortgage refinance shorten the term of your loan? You need to determine why you want to refinance your mortgage to determine the best refinancing scenario for your loan.