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.
Appraisal Value Prevents Mortgage Financing
If you don't receive mortgage financing under the current terms of a contract, what can you do? Should you renegotiate or back out of the contract? The terms of your real estate contract may include provisions that will allow you different options.
Avoid Capital Gains Or Gift Tax On Real Estate Investment
What's the best way to pass a second home on to heirs? If you don't want to pay capital gains tax on a sale or a gift tax you should give your heirs an ownership share of the home gradually. If you give an amount of the real estate investment equal to the amount that's not subject to gift tax you can avoid gift tax. Right now you can give people up to $13,000 a year tax-free. That protects everyone from paying capital gains tax or gift tax on this real estate investment.
Back Taxes Overpaid From Incorrect Assessment
The county assessor's office incorrectly classified a single-family home as a three-family building. With the mistake corrected, the homeowner wants to know if she can receive a refund for the overpayment of back taxes.
LLC Limits Type of Mortgage Lenders You Can Use
When you're a real estate investor you may decide you want to create a limited liability company to hold your real estate assets and to protect you. When you use an LLC to hold your properties, you're limited in what kind of mortgage lender you can work with to get a mortgage. Mortgage lenders have to specialize in either residential or commercial real estate loans.
Zoning: How to Divide a Lot
How can you divide a lot into smaller lots in order to sell? This can be a complicated process. First you need to determine the zoning classification for your property, along with any requirements or restrictions for your property. You may also have to pay attention to subdivision ordinances. To divide a lot you probably want to hire a surveyor and talk to the local building and zoning department. Also, another question about subdivision requirements and modular homes.
Creditors Collect Assets Owned By Incarcerated Debtors
Can a creditor put a lien on your house or property if you're in jail? If a creditor is able to get a judgment against a debtor, the creditor can go after assets owned by the debtor: bank accounts, cars and real estate. Whether you're incarcerated does not matter, but most states have time limits for creditors to pursue judgments against debtors.
Easement Agreements And Neighbor Relations
How can a homeowner who shares a long driveway with two neighbors terminate their rights to use the driveway? First, find out if the previous homeowner set up a homeowners' association with the neighbors or an easement agreement for the shared use of the driveway. If not, consult with a real estate lawyer to find out about local easement rights. Before terminating easement rights, consider future neighborly issues.
Can Mortgage Lender Get Tax Deduction?
If you become a mortgage lender to a home buyer can you take a tax deduction? Generally no. Mortgage related tax deductions may be taken by home owners or home buyers, not home sellers or mortgage lenders. Try consulting an IRS publication or a tax advisor to find out more about mortgage lenders and tax deductions.
Early Mortgage Payoff With Money Merge Account
Many people want to pay off their mortgages early. One option to pay off a first mortgage early may be to use a home equity loan or line of credit. Is this a good idea? A money merge account or money merge mortgage is a similar idea, where home owners pay all bills out of one account and they may be able to pay off their mortgages early. The catch to a money merge account is the upfront fee, which is not worth it. You can pay off your mortgage early without getting a money merge account or using a home equity line of credit.
Quit Claim Deed Can Split Community Property
How can you remove a co-owner from a mortgage loan? If you live in a community property state the situation may be treated differently. One option is to have the co-owner sign a quit claim deed. Another solution is to try to amicably separate first and if that does not work to contact a real estate attorney.