What you need to know to refinance a home if the home is in a trust

What you need to know to refinance a home if the home is in a trust

With mortgage rates still around historic lows, I have had a few clients this past year where banks have given them trouble when trying to refinance their mortgage on property in a trust. The situation usually goes like this: the client’s home is in a revocable trust for estate planning purposes and they want to refinance their existing mortgage. The bank says they will not refinance the mortgage unless the house comes out of the trust. So, what should they do? The easiest and cheapest thing that I would do for my client is draft a quit claim deed transferring the client’s property out of the trust back into their name individually. The client can take that deed back to the bank and continue the refinance process. The bank will record the deed as part of the refinance transaction. Once all of that has transpired and the new mortgage recorded, I can draft another quit claim deed transferring the property back into the trust. Now, this might seem like a headache, but for the small cost of the deeds and recording fees vs. the benefits of a lower interest rate and the long term estate planning, it makes sense. Too complete both deeds, it would only cost a couple of hundred dollars. For that price, you would receive the benefit of the lower interest rate (after you refinance) and you will still get the benefits of having your real estate owned by your trust (once I complete the second deed). If you are thinking about refinancing and your home is owned by your trust, contact me for help....
What’s the difference between an owner’s title policy and a lender’s title policy?

What’s the difference between an owner’s title policy and a lender’s title policy?

As we sit down on closing day to go through all of your real estate documents, you will notice on your closing statement that you are being charged for one of two different types of title insurance. Depending on whether you are the seller or the buyer you will be charged either owner’s title insurance or lender’s title insurance (presuming it is not a cash transaction). What is the difference and why do you have to pay for them? Owner’s title insurance, often called an Owner’s policy, is a one time flat fee that the seller pays to the title insurance company for the benefit of the buyer. The title company is where the closing takes place. Although it is only a one-time payment, the insurance policy actually lasts as long as the buyer owns the property. The buyer will receive the owner’s title insurance policy for the amount of the sale price after the closing and it will list all of the benefits and restrictions of the policy. As a buyer you should keep this document in a safe place. This insurance policy is to protect you from a third party later claiming some type of interest in the property. Should this happen, contact a real estate attorney immediately to file a claim for you against your title insurance policy. Lender’s title insurance, also known as a loan policy, is based on the actual dollar amount on the loan. As a buyer, your lender will require you purchase a title insurance policy to protect the lender from potential claims of prior third parties that may be senior to...
Are you mortgage shopping?  Annual Percentage Yield (APR) versus Interest Rate…What you need to know!!!

Are you mortgage shopping? Annual Percentage Yield (APR) versus Interest Rate…What you need to know!!!

When you are searching for a new home mortgage, many become confused as to what the annual percentage yield (APR) is vs. the interest rate. Using the comparison of these two terms is just another way one bank may try and confuse you to make you think its product is better. Remember, banks are in business to make money and they make their money buy “selling” their loans to people like you and me. When you are dealing with mortgage payments for possibly the next thirty years, the specifics really matter.   Of the two terms, interest rate is the more straightforward term. The interest rate on your loan is a rate, expressed as a percentage, at which you (the borrower) pay back on a loan that you took. When you are shopping around for loans, the interest rate should not mean everything to you. The banks or loan officer will try and show you a very low interest number to try and sell you their product. Maybe a more important question to ask is: what is the APR on the loan?   The APR or annual percentage yield is also expressed as a percentage. The APR includes the interest rate (as stated above) plus it bundles all the fees associated with your loan together. Every loan has different fees depending on the lender.  Some of the fees that can be included are the application fee, credit report fee, wire fee, loan origination fee, mortgage insurance fee, and e-mail fee. So, the APR includes the interest rate + all fees associated with getting the loan and “annualizes” that into...