Property Liens: What Are The & How Can They Stop A Sale?
One of the most common reasons for a home sale to fall through is the presence of property liens. Often the sellers are not even aware they have a lien on their home and the delay caused by having them removed can cause a qualified buyer to look elsewhere.Along with other pre-listing tasks, such as repairs and curb appeal projects, sellers should order a title search to determine if any liens are on the property. Some liens are expected, such as the mortgage lien which ensures any home loan is paid off at the time of close, but others might come as a surprise. Here are a few liens which can derail your closing.
Mechanics Lien – A contractor may place a mechanics lien on your home to make sure they are paid after a home project.
Divorce Lien – Even if you and your spouse have agreed on the sale of the home, the court may need to approve the sale before the lien can be removed.
Homeowner’s Association – Past due HOA payments and assessments can lead to a lien on the home.
IRS and Property Taxes - A government legal claim against your property when you neglect or fail to pay a tax debt.
Judgment Liens - Is a court ruling that gives a creditor the right to take possession of a debtor's real or personal property if the debtor fails to fulfill his or her contractual obligations.
Credit Card Liens – If you default on a credit card and the issuers get a judgment, they can attach a lien to your property.
Liens must be dealt with before a home can change title. Often the lienholder will negotiate the payment, but others will want full payment before releasing the hold. Either way, dealing with liens can take time and money. It’s always best to remove liens before listing your home for sale.
What Are The Risks Of Removing Buyer Contingencies
Typical real estate offers include a wide variety of standard contingencies. These can include home inspections, appraisal, and loan approval. In a fast-moving, seller’s market, one of the ways to make an offer more appealing is to remove contingencies.Real estate contingencies are intended to protect the buyer from unforeseen issues. Once these contingencies are removed, the buyer typically has no recourse from these issues. The most important contingencies include:
Home Inspections – including mold, well/septic, structural, geological
Lending Approvals – including appraisal, title, loan rate and terms, final loanapproval
Property Condition – this relates to the final walk-through, ensuring theproperty has been maintained during the escrow period
Any, or all of these items can create problems during, and even after, the closing period. Without the contingencies in place, the buyer is obligated to conclude the sale and any financial costs incurred by the seller for not doing so, including the forfeiture of their deposit.Most of the United States is experiencing an advancing market. This means prices are rising at a steady pace. As a result, both buyers and sellers expect to settle on a sales price higher than recent, comparable sales. Buyers are desperate to have offers accepted and are willing to compromise on contingencies designed to protect them. Ensure you thoroughly review all contingencies or the waiver of them with your agent prior to making an offer.
How To Find The Best Builder For A New Construction Home
Whether you plan to buy a single-family home, condo, or townhouse, buying in a new development can cause years of issues if you don’t choose a property with a solid, reputable home builder.It’s exciting to consider buying new construction, a brand-new home suited to your specific needs and taste. Yet unlike the resale homes, there are no previous owners to provide disclosures detailing issues with construction, lot, or property. In this case, one is relying on the builder to provide a high-quality home in both construction and materials.As with any home purchase, doing your homework ahead of time can save you thousands of dollars over the long run. Start by researching the builder of the subdivision. Check for other projects, both current and past. Visit any projects still available and drive by the other properties to see how the homes have weathered. Watch for signs of repairs, such as new roofs or paint.When visiting the model homes, watch for the quality of construction. Do the doors and drawers open and close smoothly? Are the floors finished at the baseboards neatly? Ask for a tour of unfinished homes as well. Check to see if the workmanship is uniform and careful.Finally, have a home inspection before closing on the property. A staple of the resales housing market, few homebuyers of new construction consider it. By taking the time to do your research ahead of time, you can make the right choice in a new home.
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