By D.C. Fawcett, Business Building Coach to the Foreclosure Industry

When real estate investors evaluate their options for securing deals and making profits, there are several things that may come to mind. Whether its owning rental properties, fixing up properties in disrepair, or buying real estate foreclosed homes, investing is still based on similar principles, such as seller motivation. After all, buying investment caliber real estate foreclosed homes means working with sellers who are more motivated and finding good discounts.

Where do most people turn when they seek opportunities in buying real estate foreclosed homes?  Sure, they might market their services and attract opportunities to buy real estate foreclosed homes. Investors can also pursue bank owned real estate foreclosed homes. When a property is lost via foreclosure it goes back to the bank and then becomes one of the now thousands of bank owned real estate foreclosed homes (or REO properties) on the market today. How do you start buying real estate foreclosed homes from the bank in your business?

One key piece of the puzzle is to work with a real estate agent who specializes in real estate foreclosed homes. With the abundance of bank owned and other real estate foreclosed homes out there, more and more realtors are realizing that investors are buying real estate foreclosed homes and can provide you with foreclosure listings to aid in your own pursuit. A great realtor can dramatically reduce your commitment of time and effort, while still fueling the growth of your business.

Despite the leads you can generate from foreclosure listings and the opportunities that exist with bank owned foreclosed homes, I think buying real estate foreclosed homes also can be risky for the investor because you need to know what you are doing. Whether you’re just curious how to make a little extra money with buying real estate foreclosed homes or really want to pursue a serious business, you owe it to yourself to seize the current opportunity and pursue it the way a profitable business should be, which is with the proper training.

In today’s sluggish but opportunity-rich real estate market, buying real estate foreclosed homes is as much as part of investing as any other part of the business. Make sure you have a steady and reliable source of foreclosure listings for buying real estate foreclosed homes because the deals are out there. I also suggest that you commit yourself to real estate training, and your pursuit of buying real estate foreclosed homes will be both more productive and more rewarding. In closing, I wish you the very best in success in all of your investing pursuits and in business as a whole.

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Real estate investing is a new, exciting, and wonderful adventure when you’re first getting started. For me, the new hasn’t worn off. I love real estate investing as much as I ever have. But, if there’s one thing I would have changed, it would be my knowledge of the terminology thrown around by more seasoned investors. If you’re tired of feeling like a dunce for having to look up the meaning of a real estate term every time you hear one, here’s a primer that should help get you up to speed.

Acceleration clause – a provision in a mortgage loan that allows the lender to demand immediate payment of the entire outstanding balance because of the violation of a loan provision, such as defaulting on the mortgage.

Addendum – an addition to a contract adding a provision that wasn’t in the original document. Once agreed to by both parties, the addendum then becomes a part of the original contract and is enforceable in court (assuming the provision is legal).

Appreciation – the increase in value of an asset.

Balloon payment – a required large final payment of a contract, frequently a large percentage of the original amount borrowed. Many times a contract will consist primarily of interest only payments for a period of time followed by a large payment that pays off the entire balance. For instance, someone might make interest only payments on a property for five years and then have to pay the entire balance off at the very end.

Cash flow – the amount of money left over on a monthly basis after paying all operating expenses on a property. This amount can be expressed as either a positive or a negative number. For example, if a property has total income of $1500 per month and expenses and debt service of $1000 per month, monthly cash flow on the property would be $500.

Closing – a meeting between the buyer and seller of a property where legal ownership is transferred. When this happens, there is typically a large stack of legal documents that needs to be signed by both parties. At this time, the seller receives certified funds as payment for their property, all closing costs are paid, and the buyer signs mortgage and other legal documents and receives a large stack of papers related to the purchase.

Closing costs – expenses that must be paid in order to legally transfer ownership of a property from the seller to the buyer.

Depreciation – a provision in the Internal Revenue Code that allows the owner of a property to take a tax reduction for the value lost through the year. One unique aspect of this provision is that the federal tax code allows a real estate investor to take a depreciation allowance on their tax return even though their property actually increased in value.

Due on Sale Clause – a provision in a mortgage contract requiring that the entire loan balance be paid immediately on demand in the event of the sale of a mortgaged property. Certain things can trigger the due on sale clause in the contract, such as the legal transfer (or equitable transfer) of ownership from the original loan borrower to another party.

Earnest money deposit – when someone places a written offer on a property, the seller will normally require that the buyer provide a small deposit (usually $500 or $1000) to prove to the seller that they are serious about making the purchase. These funds are normally placed into an escrow account by the real estate agent and will become the property of the seller in the event that the buyer fails to execute the contract as agreed.

Foreclosure – the legal process involved in repossessing a property, usually for nonpayment of a mortgage contract. There are two kinds of foreclosure: judicial and nonjudicial. Specific foreclosure laws vary from state to state, but in general the foreclosure process takes considerably longer in a judicial state because the lender must go to court and prove that the borrower has failed to make their payments as agreed. In a nonjudicial state, the process is much shorter and simpler because the lender is not required to receive court approval prior to forcing the removal of the borrower from the property.

GRM – also known as the Gross Rent Multiplier, which is a ratio you can use to estimate the value of an investment property. To figure the GRM, you need two pieces of information about the property: the sales price and the market rent rate. The way you figure the GRM is by taking the sales price and dividing by the monthly rent. For instance, pretend you have a property with a list price of $125,000 that would rent for $1600 per month. 125,000/1600=78. In this case the GRM would be 78.

Home Equity Loan – a type of loan where the owner of a property borrows money from a lender based upon the value of the property. Proceeds from a home-equity loan are typically used to make repairs to the property, pay off other debt, or to fund additional real estate investments.

HELOC – Home Equity Line of Credit is a type of loan where the borrower pledges the equity in their home as collateral. In exchange for receiving a HELOC loan, the homeowner usually receive a checkbook that they can use to access funds. While the homeowner is typically notified at the time that their loan is approved how much money they are qualified to receive, they don’t normally receive cash at that time. Instead, they use the checkbook to access HELOC funds, so they only pay interest on the portion of the loan that they are utilizing at any given time.

HUD-1 settlement statement – this form is also known generically as the closing statement. Put simply, it is nothing more than a detailed accounting sheet that discloses where every dollar of a real estate transaction is going. It lists things such as real estate commissions, mortgage broker fees, escrow amounts, etc. At the very bottom of the sheet it details the total amount of money paid by or on behalf of the buyer to the seller.

Lien – a type of encumbrance that can be placed on a property by a creditor that prevents the property’s sale without the payment of a legitimate debt. For instance, if a homeowner loses a lawsuit and is bordered by the court to pay the winning party a certain amount of money, many times the winning party will place an encumbrance upon their real estate to ensure that the judgment is paid.

LTV – a numeric value that can be used to determine how heavily leveraged a property is. If a borrower takes out a loan in the amount of $100,000 and the property is worth $125,000, the LTV is 80%.

NOI – the Net Operating Income of an investment property is the amount of money left over each month after making all debt payments and paying all operating expenses, such as insurance, maintenance, and repairs.

Owner financing – a method of financing where the seller acts as the bank and agrees to take payments for their equity over a period of time. This is a very common and creative real estate financing technique utilized by a lot of real estate investors who for one reason or another have decided to forgo institutional bank financing or the use of hard money lending sources.

PITI – an acronym that stands for principle, interest, taxes, and insurance.

ROI – an acronym that allows a real estate investor to determine their return on investment, which is expressed as a percentage. For instance, if you invest $100,000 and you receive $10,000 in annual returns, your ROI would be 10%.

Title insurance – an insurance policy that the purchaser of a real estate property can purchase to guarantee that there are no outstanding liens or other encumbrances that would affect the transfer of ownership from one party to another.

As you can clearly see from this list of real estate investing terminology, there is a huge vocabulary for you to learn as you begin to fully immerse yourself into the world of real estate investing. This is by no stretch of the imagination a full list. It is, however, enough of a starter list that you can feel a little more comfortable with getting up to speed. Your eyes won’t completely glaze over if you happen to overhear more experienced investors talking, and in many cases you can smugly smile – knowing that you’re a member of a select club of special entrepreneurs who have their own secret language. Plus, you won’t have to wear a special uniform or try to explain to people where the Klingon empire is located.

To learn even more of the jargon used by real estate investors, navigate over to www.REIconferences.com and look around a site built by investors for investors. It’s packed with all the tips, tools, and information you need to turn the corner and reach all of your investing dreams.

Charrissa Cawley
http://www.articlesbase.com/real-estate-articles/real-estate-investor-jargon-every-newbie-should-know-671669.html

From an investment point of view, owning a Mobile Home Park is one of the most appealing aspects to investors. It is one of the most profitable niches in the real estate sale investment. It is seen that most of the real state investors are stepping all over each other trying to buy and sell single-family stick built houses and properties sale. But at the same time there is a small group of investors that are quietly making excellent profits with little risk in the mobile home and mobile home park business.

Many experienced commercial real estate investors are turning to mobile home parks for strong returns on their investment. Due to its high CAP rates and stability with lower sale prices. They have opened the door for many investors. Great opportunities are available for Colorado Mobile Home Parks for sale which includes park amenities like spacious clubhouse and laundry facility.

California is one of the original destinations for mobile homes. Choosing California Mobile Home Parks for sale as investment can increase the value of a rental property for various reasons:

• It is a land play with incredible cash flow

• It requires a minimum of maintenance and management

• There is a significant barrier to entry

• Provides an opportunity for creating additional profit centers.

Mobile Home Parks are believed to be the “step-children” of the real estate investing community. The reason why most investors ignore this lucrative asset class is because according to them it requires too much up front cash and a personal income statement and this is true only if you are trying to finance your property from a large bank. On the contrary many area parks are purchased with much less than 20% down and with little financial reserves in the bank.

Mobile Home Parks for sale in Texas is a world away from the cares of city life. It’s a beautiful thing to invest in Mobile Home Parks. Being a long term play, there are various ways to make money through many “profit centers“ in your park. The parks are usually in less than favorable parts of town as a result the land is cheap. This will help you to spread the cost over numerous mobile parks. You can purchase mobile homes at a 40%-50% discount and resell them on terms (either with a lease option or note). Moreover even a smaller park can produce a healthy return without a great deal of capital.

Minimum maintenance and management also makes this an appealing investment. Little maintenance is required by leasing the land to residents. All you have to do is to ensure that the infrastructure is in a good condition and the utilities are working properly. Once the Mobile Home Parks are stabilized, you can hire a care-taker to collect the rent and enforce the park’s rules.

Now it might be possible for you to see how Mobile Home Parks for sale by owners are an amazing real estate investment. No where you can get an income property with so many profit centers (with the exception of self storage). Mobile home parks for sale are huge cash cows and ultimately will become a land play. So before it is discovered by the masses, you must take advantage of the untapped opportunity that exists today in the mobile home park industry.

Maurice
http://www.articlesbase.com/business-articles/mobile-homes-parks-for-sale-and-rent-an-excellent-and-attractive-real-estate-investment-98288.html

Today, it is estimated that one in ten homeowners is either in foreclosure or behind in their payments. As the economic crisis becomes more severe and the recession feeds upon itself, people have become more and more desperate to find some way to hold onto their houses. With such conditions, the average member of the public is ripe for a scam and the and those who try to dupe you or use trickery know this. It is no surprise, therefore that the number of foreclosure type scams are on the rise.

 

If you’ve been the victim anywhere in Southern California of real estate fraud or the target of an unscrupulous loan modification service, foreclosure consultant or someone acting on your behalf to modify your mortgage or cure your problems who is in violation of the strict regulations in California, call the Law Offices of R. Sebastian Gibson at any of the numbers on our website at http://www.SebastianGibsonLaw.com .

 

If you are a licensed real estate broker or agent and have either been wrongly accused of being in violation of the laws and regulations governing loan modification services and foreclosure consultants, or acted as such without being aware of these strict regulations and need legal defense, we urge you to call us at any of the numbers which you can find on our website.

 

Those who are most likely to be targeted by persons attempting to perpetrate a fraud are the elderly, anyone entering foreclosure, people who have recently lost their jobs, families who have lost a loved one, people who have limited knowledge of English, people with limited resources, and homeowners whose payment amounts have recently been raised.

 

The moment you enter foreclosure, expect to be inundated with offers of help from many individuals with generic type sounding names, and some claiming even to have references from churches near you. These are, in most cases, some of the people you should stay away from at all cost.

 

The person who will approach you in this type of scam is more often than not, well-dressed, well groomed, and seems personable, kind, and trustworthy. Some utilize social skills to put you at ease such as their representation to be of the same religion as you, or even the same church, to have been in the military if they think that will put you at ease or feel more trusting of them, and others will claim to be working for non-profit organizations, or branches of the government.

 

These are some of the most common scams and what you can do to avoid being a victim.

 

1) The Disappearing Foreclosure Consultant - With a helpful sounding name, and armed with references and a kind voice, the person who contacts you promises to help you stave off foreclosure with just an up-front fee for their time. The only problem is, as soon as the money clears their bank, you never see or hear from them again. The soon-to-be phantom performs little or no service, takes your money and you are left with your original problems and less time to try to save your home from foreclosure.

 

2) Loan Modification Helpers - Unlike Santa’s Helpers, in this scam you pay a fee up front to the “loan modification expert” to negotiate directly with your bank, only here you don’t get a present from Santa. If the expert really gains your trust, you also make your mortgage payments directly to the expert rather than to the mortgage company. Both the up front fee and the mortgage payments go directly into the pocket of the loan modification helper with the white beard and the kind voice and by the time you receive notice that your house is in foreclosure, this elf has disappeared and is back at the North Pole.

 

3) Just Sign Here Scams - As you face the prospect of foreclosure, one offer of help seems far better than all the others because it allows you to stay in your home as they save it from foreclosure. Unfortunately, in the papers you sign without having a lawyer look at them, you agree, knowingly or unknowingly, to sign over the house to the person offering this help and still remain responsible for the mortgage payments. The person then either sells your house, collects other fees from you or holds onto the house and evicts you.

 

4) Sale and Leaseback Scams - In this scam, if you are a homeowner who still has some equity in your home, you will be convinced to sign over title in your home and pay rent to the scam artist with the promise that they can bail you out, cure your problems and that you will be allowed to buy back the house later at a bargain price. All of this can be accomplished, but only if the property is in the consultant’s name. The payments you make go directly to the scam artist and eventually you will find yourself holding the bag. You may also find yourself evicted when you can no longer make the excessive rent payments. If you have lost your job and are having trouble making your house payments, even if you have equity in your home, you may be tempted by this scam. And while you would be entitled to the excess equity in your home if the house is sold in foreclosure, when you fall victim to this scam, you will lose the equity when it is either sold out from under you or the equity is stripped away by the new owner.

 

5) The Trust Me, I’m Religious or I Was In The Military Too Scam - These people posing as Christians, former members of the military or members of whatever social organizations you belong to come complete with references from members of your church or with military haircuts and promise that by adding them to the title to your home, they can rescue you from foreclosure, and have your credit repaired. Having gone through your mail or your trash, they probably know all about you. There’s no need to see a lawyer, they tell you. Just pray with them or have a drink with them and swap military stories. Just be sure to hold on to your wallet, don’t give them any money and don’t sign anything.

 

6) Sign Me Up Scotty And Get A New Loan Scam - In this scam, you are told that if you add the nice looking good Samaritan onto your title by signing a Grant Deed or other legal instrument, (which you are told, you don’t really need to read) this friendly person can apply for a new loan, which, unfortunately, if approved, will leave you on the hook for both the old loan payments and the new loan payments, and any up front fees you pay for this service will disappear with this fraud.

 

7) Buy My Books, Take This Seminar And Make Millions Scam - You may see this offer on late night television, on roadside signs or even on billboards. Only this time, you are talked into buying materials that are full of worthless information that will do nothing to help you avoid foreclosure. Even worse, the materials you receive may offer advice that will land you in jail by telling you how to approach others in foreclosure and advise you to tell them you can save them from foreclosure. The trouble is, what you will be doing is either practicing law without a license or acting as a credit repair agency or loan modification expert without a real estate license and without an advance fee agreement approved by the Commissioner of the California Department of Real Estate and without being registered with the California Department of Justice.

 

The Short Sale Scam - In this scam, the “short sale specialist” who contacts you promises his expertise to accomplish a short sale in a small amount of time that will protect your credit. There is a fee of course that would have been better spent on groceries. When the real estate market was better, there were additional wrinkles to this scam that today are more difficult to perpetrate due to the difficulty of selling homes in this economy.

 

9) It’s Like Magic - Here the homeowner is told to sign one thing, but the homeowner winds up signing something altogether. In some instances of this bait and switch scam, the scam artist will serve as the notary as well. In conjunction with this and other scams, or in other variations, forgery may be utilized, and identity theft employed as well.

 

10) Want Somewhere Cheap To Rent Scam - Here the bogus homeowner or leasing agent takes your rent payment and security deposit and rents or leases you vacant residential or commercial property, that isn’t owned by the person you are talking with and if you are talking with a leasing agent, this “agent” has no authority to offer you the property for rent or lease.

 

11) How About A Nice Loan Modification Scam - As with foreclosure consultants, loan modification services are strictly regulated by California statutes. If you have lost money or your home to a foreclosure consultant or someone promising to obtain a loan modification or cure to your problems and they have violated these statutes, in some cases you may be entitled to any moneys paid to them, but also, in some cases, your other actual damages, equitable relief, reasonable attorney’s fees and costs and punitive damages of three times the compensation received or misapplied by the foreclosure consultant or loan modification service who contracted with you.

 

It is difficult, if not impossible, to recover your money when you have been the victim of any of these types of fraud. However, there are times when the persons attempting to defraud you simply don’t know better and are otherwise responsible citizens and business people who don’t know the law, or conveniently fail to research the law, and who may either have errors and omissions insurance or assets which may cover their indiscretions.

 

Such defendants may include real estate brokers, foreclosure consultants, loan modification companies and services and mortgage brokers.

 

These parties may be responsible if they made misrepresentations to you, committed fraud, charged you fees and collected such fees in advance for foreclosure consultant services, failed to follow the strict regulations set forth in the California Civil Code and Business and Professions Code or had you pay fees in advance for loan modifications under agreements that have not been approved by the Commissioner of the California Department of Real Estate. The laws in California are very strict as to when you may be charged fees for such services and under what circumstances.

 

If a person makes promises or representations to you without any intent to perform the services promised, and if you have been damaged as a result of your reliance on those promises or representations, you may have a valid claim against that person for fraud. Such promises may include a promise that they will be able to obtain a modification of your loan or to save you from foreclosure, and will likely require you to pay up-front fees that do little, if any, good.

 

Here are the five tips of advice we recommend to anyone in this situation being approached by people offering help.

 

1. Avoid any solicitations of help that come unexpectedly, by mail, e-mail and by telephone or to your door.

 

2. Avoid using any help agency whose name you find on roadside signs such as those which state “We Buy Homes For Cash” and those which promise to “Stop Foreclosure.”

 

3. Avoid paying up-front fees to foreclosure or loan modification experts.

 

4. Disregard anyone who tells you not to talk to your bank or tells you to avoid consulting with a lawyer.

 

5. Don’t sign anything without having it reviewed by a real estate lawyer.

 

Red flags to you that you are about to be scammed should include requests of you for any of the following: to pay money up-front before any service has been performed, payment by cash, cashier’s checks or bank wires only, transfers of title, actions to be taken immediately, power of attorney, signatures on grant deeds, signatures without any explanation or while under time constraints, signatures on incomplete documents, and mortgage payments to persons other than the mortgage company.

 

Other red flags include unqualified promises, offers that sound too good to be true, failures to provide you with copies of what you sign, oral promises that are in conflict with written provisions, refusals to put the oral promises in writing, oral statements that the provisions in writing don’t mean what they say or won’t be enforced, and warnings not to discuss the matter with an attorney, your lender or anyone else.

 

If you have a business or real estate legal matter in Palm Springs or Palm Desert, in Ontario or Rancho Cucamonga, Temecula or Murrieta, Newport Beach or Huntington Beach, Anaheim or Santa Ana, El Cajon or Carlsbad, Palmdale or Victorville, Long Beach or Santa Monica, Ventura or Oxnard, or anywhere in Southern California, our Palm Springs, San Diego, Orange County, Inland Empire, Los Angeles, Santa Barbara and San Luis Obispo law firm has the knowledge and resources to be your Business Lawyers and Real Estate Attorneys. If you’ve been the victim of a real estate, business, loan modification or foreclosure scam or fraud, be sure to hire a law firm with experience in loan modification, foreclosure and real estate fraud in California and who will endeavor to ensure that your rights are properly represented.

 

To learn more about such scams or the statutes which regulate loan modification and foreclosure consultants, or for legal representation, call the Law Offices of R. Sebastian Gibson at any of the numbers on our website at http://www.SebastianGibsonLaw.com .

R. Sebastian Gibson
http://www.articlesbase.com/national,-state,-local-articles/california-real-estate-scams-seen-by-lawyers-loan-modification-rip-offs-found-by-attorneys-and-foreclosure-consultant-frauds-uncovered-by-ca-lawyers-684647.html

Foreclosure in Nevada?

How, Whys, and Defense?

By

Malik W. Ahmad Attorney at Law

WWW.fastbankruptcynevada.com

 [Malik Ahmad is a licensed attorney and admitted to practice to the Supreme Court of Nevada. Malik Ahmad is a solo practitioner and has his own law office in Las Vegas Nevada. Malik Ahmad is admitted to practice in all the courts in State of Nevada. His areas of practice includes bankruptcy, civil and business litigation as well as foreclosure defenses in Nevada.]

All loans in real estate property are considered secured loans. Whenever there is collateral attached to a loan, it is called secured loan.  Unsecured loans are mostly credit cards loans and has no collateral attached with them. Here, in Nevada, and in the real estate context, all loans are secured because they are attached with property. When a loan secured by your lender goes into default, the secured creditor has a right to initiate foreclosure proceedings to take over this collateral. The lender has two choices: one is judicial foreclosure, and the other is non judicial or statutory foreclosure.  Also, these days lenders are using other tactics like workout package, surrender deed in lieu of foreclosure, short sale, and of course the much touted loan modifications.

A foreclosure happens much after all these remedies or solutions are exhausted. Lenders does not like to lose money and like the homeowners wants to pursue all of the options at all the times. A workout package may or may not work because the lender is exploring all the choices where the homeowners can be made current. In a workout package, the lender sees your financial situation, the nature and value of your collateral and whether there are instant advantages which can be accomplished through the workout package. In almost all cases, sooner you talk to your lenders; they would suggest a workout package. The lender may send a workout package to you right away. There is a glimmer of hope for them to see their delinquent loan cured by your through this workout package. Also, it may follow a forbearance period. Just like borrowers, lenders are in a hurry to see a quick solution to this delinquency. Again, there is no uniform method of conducting such negotiation, each lender has their different guidelines and of course very skilled negotiator for this purpose.

A deed in lieu of foreclosure:

The borrower executes a deed where he conveys the property to the secured creditor in lieu of conducting the foreclosure sale. This way the lender becomes the owner of the property without going through the hassle of foreclosing and avoiding extra expenditure of publication. It is a voluntary matter from the borrower where no money in return can be expected. Sometime the borrower offers some money in exchange of clean returning the keys and up keeping the property during the transition times. This paper, however, only discusses situation after the workout package is exhausted or not discussed. There are some advantages of deed in lieu of foreclosure:

                1.            Quick negotiation process.

                2.            Borrower avoids negative publicity.

                3.            Less expensive for the lenders, does not pay for publication of notices.

                4.            No recordation of documents with the county or recorders office.

                5.            There is no public record of any kind created.

                6.            Borrower may obtain some legal as well financial concession from the lender.

               7.            May stay in the property for sometime without paying any mortgage payments.

                8.            The foreclosure process is lengthy and parties can avoid for some mutual benefits.

                 9.            Lenders can do to avoid potential bankruptcy problems.

                10.  The borrower can negotiate the reporting of foreclosure to the credit reporting agencies. A foreclosure on a credit agency is extremely damaging, and the creditors may be approached to report such foreclosure in a more human and decent way.

11.  The lenders can have an immediate possession of the property.

 12.   A deed in lieu of foreclosure does not eliminate junior encumbrances. The lender that takes a deed in lieu of foreclosure takes the title subject to those junior encumbrances. The lender takes over these encumbrances and therefore the rights of secondary lien holders.

13.          The lenders who accepts this deed in lieu of foreclosure also loses the right to pursue a deficiency judgment against the borrowers or guarantors either as a matter of law or as a matter of contract. See Maloney v. Boston five Cents Savings Bank FSB, 422 Mass. 431, 436, 663 N.E. 2d 811, 815 (1996). Both parties should pay particular notice to the doctrine of merger.

14.    Doctrine of Merger: When one party holds both a fee interest in property and lien on the same property, the lesser interest will merge into the greater interest. See Alladin Heating Corp. v. Trustee of the Central States Pension Plan, 93, Nev. 257 (1977) (holding that whether merger occurs is dependent upon the intent of the parties). If a merger occurs, junior liens increase in priority as a result of removal the senior lien held by the lender. If there are junior liens of the property, therefore, the lender may prefer that its higher priority lien remain of record after the conveyance by the deed in lieu.

 15.          Another pitfall is that if the borrower files a bankruptcy, this can be considered a collusive transaction. The bankruptcy code and state law allow a bankruptcy trustee to avoid certain transfers of property that are made prior to a bankruptcy filing known as “fraudulent transfers” 11 U.S.C. Section 548(a)(1)(B); NRS 112.180,., 190. A transfer of property through a deed in lieu of foreclosure is a voluntary transfer that is not subject to the “protections” of the foreclosure process. See Main v. Brim, 75 B.R. 322, 327 (Bankr. D.Az. 1987)

Foreclosure Process in General in Nevada:

                Most of the loans are premised upon continuous payments to the lenders. If these payments are not timely paid, or not continuously paid, the borrowers can start the foreclosure process. The lender reviews the loan documents and determines about the occurrence of a default. Failure to make loan payments triggers this default process. Also, it is contingent upon events which have not been corrected by payments or failure of a workout package.

                A trustee under a deed of trust may exercise its statutory power of sale without the judicial intervention. In Nevada, the foreclosure is mostly a statutory foreclosure. (NRS 107.080(1)). Judicial foreclosures are also permitted under Nevada law (NRS 40.430-40.450) but judicial foreclosures are not the preferred choice in Nevada for most of the lenders because of the looming danger of the right of redemption. Upon default, the initial step is for either the beneficiary or the trustee to execute a notice of breach and election to sell, which is usually accompanied by an unrecorded Declaration of Default. (NRS 107.080(2)(b)). The beneficiary executes the notice, but the trustee records it. The notice of breach and election to see must be recorded in the county in which the property encumbered by the trust deed is situated. This notice must also be mailed (notice of breach and election to sell) by registered or certified mail, return receipt requested with postage prepaid, to the address of the trustor and to the person who holds the title of record, if known, otherwise to the address of the property. (NRS 1076.080(3)

Notice of Default and Election to Sell?

                1.   Must describe the property

                2.   Must describe the deficiency in performance of payment.

3.            May contain a notice of intent to accelerate the entire unpaid balance if the terms of the obligations so permit (NRS 107.080(3).

 4.            Within 10 days of recording and mailing the notice of default to the trustor, copies of the notice must also be sent by registered or certified mail, return receipt requested, to each person who has either (1) filed a request for a copy of the notice; or (2) holds a record interest in the property subordinate to the deed of trust being foreclosed. Additionally, 20 or more days before the sale, the trustee must mail a copy of the notice of the time and place of the sale to the same parties by register3ed or certified mail, return receipt requested. (NRS 107.090.)

 5.            Nevada laws make it immaterial whether the notice is actually received by the trustor. The notice is effective nonetheless. (Turner v. Dewco Services, Inc., 87 Nev. 14, 479 P. Wd 462 (1971)

 6.            NRS 107.080(2)(a) provides that no power of sale may be exercised unless the trustor or his successor in interest, a beneficiary under a subordinate deed of trust or any other person with a subordinate lien or encumbrance of record (referred to below as “trustor or interested person”) has, for a period of 35 days, “failed to make good the deficiency in performance or payment….” The 35-day period commences on the first day following the day upon which the notice and election is recorded and mailed to the grantor and to the record owner of the property in the manner specified above. (NRS 108.080(3). If the trustor other interested persons “make good” the deficiency in payment or performance within the 35-day period, the trustee’s power of sale may not be exercised, and the obligation may not be accelerated. NRS 107.080(2)(a), (3). The 35-day period in the statute exists independently of any notice or cure periods contained the applicable notes or deeds of trust. If the notice of breach contains a permitted election to accelerate and the breach is not cured within the 35-day period, the trustor or other interested persons can thereafter only prevent the sale by tendering the entire unpaid balance of the obligation, as well as any costs, fees and expenses incidents to the preparation or recordation of the notice and incident to the making good of the deficiency in performance or payment (NRS 107.080(3).

What is the Procedure for Trustee’s Sale?

                 When three months have elapsed from the date of the recordation of the notice of breach and election to sell, the trustee may give notice of the time and place of the trustee’s sale, which notice must be given in accordance with the statutory provisions for execution sales of real property – posted notice in three public places for 20 successive days and published once a week for three consecutive weeks. (NRS 107.080(4);231.130(1)©. The trustee’s sale may be held at the office of the trustee anywhere in Nevada, even if it is not in the county where the property being sold is located. (NRS 107.080(4).

                 If the power of sale is exercised in compliance with the Nevada statute, the purchaser is vested with the title of the trustor, without equity or right of redemption NRS 107.080(5).

What are the Guarantor’s Rights to Notice and Subrogation?

         The notice of breach and election to sell must be mailed by certified mail, postage prepaid, to each guarantor or surety of the debt at the address of each if known, or at the address of the trust property. The notice must also be mailed to any other obligor who has filed a request for a copy of the notice under NRS107.090. Failure to provide such notice would release that guarantor, surety or obligor from liability on the obligation. (NRS 107.095(1).

           Under NRs 107.095(3) a guaranty, surety or other obligor is not released if the required notice is give at least fifteen (15) days before the later of the expiration of the 35-day period described in NRs 107.080 or any extension of that period by the beneficiary, or if the notice of default is rescinded before the sale id advertised.

           Upon full satisfaction by the guarantor, surety or other obligor, other than the trustor, of the indebtedness secured by a mortgage or lien, the paying guarantor or obligor is entitled to enforce every remedy which the beneficiary has against the trustor, and is entitled to an assignment from the beneficiary of all of the rights the beneficiary then has by way of security for the payment or performance of the trustor. NRS 40-475 (1989). Such an obligor is also entitled to subrogation, junior only to the secured lender’s rights, in the case of partial satisfaction of the indebtedness. (NRS 40.485 (1989). These rights may only be waived by the guarantor, surety or other obligor after default. NRs 40.495(1)(1989).

What are the rights under One Action Rule?

In Nevada, a deficiency judgment can be filed under non statutory foreclosure provisions without having filed a judicial foreclosure.

                             What is a deed of Trust in Nevada?

         The most common type of security interest in real property in Nevada is a Deed of Trust. A DOT has three parties.

    Lender: It is the first party who is referred to as “Beneficiary.”

     Borrower: It is the second party who is referred to as the “Maker”, or “Grantor”, or  ”Trustor” who conveys legal title to the property to the Trustee.

      Trustee: This is the third party who holds legal title to the property.

     Process: A DOT can be foreclosed in a simple process and cheaper as well. A Trustee sells the property encumbered by the DOT. All the lender needs to do in order to foreclose on a DOT is to determine that an even of default has occurred under the DOT and have the trustee conduct non-judicial foreclosure proceedings. Here, in Nevada, the trustee sale does not entail redemption. The borrower, in Nevada, does not have the statutory rights of redemption unlike the judicial foreclosure where the right of redemption lasts one year. Compare NRs 107.080(5) (no right of redemption in a foreclosure on a DOT ) with NRs 21.210 (one year period of redemption).

Determination of Default.

 Your default notice also consists of a determination of default. It can be monetary or non monetary.  Monetary is when it is linked to borrowers failure to pay, failure to pay property taxes, failure to pay homeowners association assessments and failure to pay special improvements and other assessments against the property.  The non monetary events of default are spelled out in the notice of default and Deed of Trust as well as related loan documents. They can be failure to insure property, the failure to maintain debt service coverage ratios and waste.

Acceleration of Obligation:

 A trustee under a deed of trust may exercise its statutory power of sale (commencement of foreclosure process) without judicial intervention in Nevada. NRs 107.080(1). Judicial foreclosure is also permitted under Nevada laws though seldom exercised. (NRs 40.430-40-450). They carry with them a one year right of redemption which lenders does not like it as they like to close this chapter once for all.

Steps in Foreclosure In Nevada:

1.            The beneficiary or the trustee to execute a notice of breach and election to sell which is usually accompanied by an unrecorded Declaration of Default. (NRS 107.080(2)(b). The beneficiary executes the notice, but the trustee records it. The notice of breach and election to sell must be recorded in the county in which the property encumbered by the trust deed is situated. The notice of breach and election to sell must also be mailed by registered or certified mail, return receipt requested with postage prepaid, to the address of the trustor and to the person who holds the title of record, if known, otherwise to the address of the property. (NRS 1076.080(3).

 2.            The notice and election must describe the deficiency in performance or payment, and may contain a notice of intent to accelerate the entire unpaid balance if the terms of the obligation so permit. (NRS 107.080(3).

 3.            Within ten days of recording and mailing to the trustor the notice of default, copies of the notice must also be sent by registered or certified mail, return receipt requested, to each person who had either (1) filed a request for a copy of the notice; or (2) holds a record interest in the property subordinate to the deed of trust being foreclosed. Additionally, 20 or more days before the sale, the trustee must mail a copy of the notice of the time and place of the sale to the same parties by registered or certified mail, return receipt requested. (NRS 107.90)

 4.            Under Nevada law, it is immaterial whether the notice is actually received by the trustor. Turner v. Dewco Services, Inc., 87 Nev 14. 479 P.2d 462 (1971).

 5.            NRS 107.080(2)(a) provides that no power of sale may be exercised unless the trustor or his successor in interest, a beneficiary under a subordinate deed of trust or any other person with a subordinate lien or encumbrance of record (trustor or interested persons) has, for a period of 35 days, “failed to make good the deficiency in performance or payment….” The 35-day period commences on the first day following the day upon which the notice and election is recorded and mailed to the grantor and to the record owner of the property in the manner specified above. NRS 107.080(3). If the trustor or other interested person “make good” the deficiency in payment or performance within 35-day period, the trustee’s power of sale may not be exercised, and the obligation may not be accelerated. NRs 107.80(2)(a), (3). The 35-day period in the statue exists independently of any notice or cure periods contained in the applicable notes or deeds of trust. If the notice of breach contains a permitted election to accelerate and the breach is not cured within the 35-day period, the trustor or other interested persons can thereafter only prevent the sale by tendering the entire unpaid balance of the obligation, as well as any costs, fees and expenses incident to the preparation or recordation of the notice and incident to the making good of the deficiency in performance or payment. NRS 107.080(3).

 6.            Nevada Revised Statutes Chapter 107 governs Deeds of Trusts. The transfer of real property may be made in trust to secure loans and other obligations. See NRs 107.020. In the event a transfer is made in trust to secure payment, the Trustee is granted a power of sale which may be exercised if an event of default has occurred. See generally NRS 107.080.

 How a Foreclosure Process in Nevada is Commenced?

1.            The lender must first determine that an event of default has taken place.

2.            The lender employs the Trustee or a successor.

3.            The Trustee will prepare and record in the Office of the County of Records of the County in which the property is located a Notice of Default and Election To Sell. (NRS 107.080).

 4.            The Notice of Default and Election to Sell must be mailed by registered or certified mail, return receipt requested Election to Sell must be mailed by registered or certified mail, return receipt requested and postage prepaid, to the grantor of the Deed of Trust, the person who holds title of record on the date of the Notice of Default and Election to Sell, each guarantor or surety of the debt, NRS 107.095(1), and any person who recorded a request for a Notice of Default and Election to Sell. (NRS 107.090.

 5.            On the first day after the Notice of Default and Election to Sell is recorded and sent by mail to all interested parties, the borrower and the other obligors are then given 35 days to make good the deficiency in payment or performance. NRs 107.080(2)(a)(2). This essentially allows the borrower or other obligors to de-accelerate the default under the Deed of Trust and terminate the foreclosure proceedings.

 6.            In the event the borrower or other party in interest fails to cure the deficiency in payment or performance, the Trustee must wait until the expiration of three months following the recording of the Notice of Default and Election to Sell (55 days after the 35 day reinstatement period expires) before giving notice of the time and the place for the sale of the real property (NRS 107.080). The notice of the time and place for the sale of the real property must be published in accordance with Nevada’s execution statutes.

 Requirements of Publication for the Notice Under Nevada Laws

 Nevada statute requires the following publication of the notice of the date, time and place of the sale:

 (1) Personal service or service by registered mail to the last known address of each person entitled to Notice of Default and Election to Sell;

  (2) The posting of a similar notice particularly describing the property , for twenty days successively, in three public places of the township or city where the property is situated in or where the property is to be sold; and

  (3) Publishing a copy of the Notice three times, once each week for three successive weeks, in a newspaper, if there is one the county. (NRS 21.130(c).

  (4) In addition to the notice required by Nevada’s execution statutes, the Trustee is required to, at least twenty days before the date of the sale, deposit in the United States mail and envelope, registered or certified, return receipt requested and with postage prepaid, containing a copy of the Notice of time and place of sale, addressed to each person who has recorded a Request for Notice of Default and Sale. See NRS 107.090(4).

  (5) If the Trustee fails to give any person liable to the beneficiary or any other person who has requested a Notice of Default and Sale the required notices, that person may be released of its obligation to the lender. NRs 107.095.

  (6) NRs 107.080(4) allows the Trustee to conduct the sale at the Trustee’s office.

  (7) At the foreclosure sale, the Trustee may sell the real property by public auction. Generally, the lender will provide the trustee with a minimum credit bid before the foreclosure sale. The amount of the credit bid may be for the full amount of the debt owed to the beneficiary or only a portion of what is owed to the beneficiary. Any person or entity may attend the foreclosure sale and bid for the real property.

 What is Nevada’s “One Action Rule”?

 Nevada has adopted a one-action rule. It provides that there may be only one action to collect a debt secured by a mortgage or other lien. The Nevada One Action rules provides: (NRs 40.430(1)-(3).

             1.            There may be but one action for the recovery of any debt, or for the enforcement of any right secured by a mortgage or other lien upon real estate. That action must be in accordance with the provision of this section and NRS 40.433 to 40.459, inclusive. In that action, the judgment must be rendered for the amount found due the plaintiff, and the court, by its decree or judgment, may direct a sale or the encumbered property, or such part thereof as is necessary, and apply the proceeds of the sale as provided in NRs 40.462.

                 2.            This section must be construed to permit a secured creditor to realize upon the collateral for a debt or other obligation agreed upon by the debtor and creditor when the debt or other obligation was incurred.

                 3.            A sale directed by the court pursuant to subsection 1 must be conducted in the same manner as the sale of real property upon execution, by the sheriff of the county in which the encumbered land is situated, and if the encumbered land is situated in two or more counties, the court shall direct the sheriff of one of the counties to conduct the sale with like proceedings and effect as if the whole of the encumbered land were situated in that county.

 Conclusion: The Foreclosure–The End of the Dream:

        The foreclosure is the final and definitive step and the end of the whole nightmare process. There is no right of redemption for a non judicial foreclosure in Nevada. The acceptance of the winning bid concludes the bidding process. The execution sale is final and deprives the debtor of any entitlement to the rights of ownership in the property. It is final elimination of any liens on the property along with the junior encumbrances.

What is right of Redemption?

         Few words on redemption: The foreclosure process may not be final unless a final remedy can be exercise in Nevada, and that is called right of redemption. There is no redemption in non judicial foreclosures. However, there is one year period of redemption in a judicial foreclosure sale in Nevada. Right of redemption is paying off all the existing monetary obligations up to and before the final fall of the hammer. The full amount may consist of all delinquent amounts, plus interest and attorney fees and other publication costs. Under Nevada law, there are no rights of redemption in connection with a properly conducted non-judicial foreclosure sale. NRS 107.080(5). There is one year right of redemption in a judicial foreclosure sale (NRS 21.210)

 What is Deficiency Judgment, and Where This Money Will Come From?

                 As it is happening quite often these days, the Trustee will sell property at a foreclosure sale for less than the amount which is owed to the creditor or beneficiary under the Deed of Trust. Deficiency judgments are governed by NRs 40.451 to 40.459. The beneficiary must file the deficiency action within six (6) months after the date of the foreclosure sale or the deficiency action will be time barred. Specifically, NRs 40.455(1) provides:

 Upon application of the judgment creditor or the beneficiary of the deed of trust within six months after the date of the foreclosure sale or the Trustee’s sale held pursuant to NRs 107.080, respectively, and after the required hearing, the court shall award a deficiency judgment to the judgment creditor or beneficiary of the deed of trust if it appears from the sheriff’s return or the recital of consideration and the trustee’s deed that there is a deficiency of the proceeds of the sale and a balance remaining due to the judgment creditor or the beneficiary of the deed of trust, respectively. NRS 40.455(1)

 Nevada law places stringent limitations on the amount of a money judgment, which may be recovered against the debtor, guarantor or surety who is personally liable for the deficiency. The court shall not render a deficiency judgment for more than:

 1.     The amount by which the amount of the indebtedness which was secured exceeds the fair market value of the property sold at the time of the sale, with interest from the date of the  sale; or

 2.      The amount which is the difference between the amounts for which the property was actually sold and the amount of the indebtedness which was secured, with interest from the date of sale, whichever is the lessor amount.

 3.       The court may also consider expert appraisal testimony to evaluate the fair value of the property.

 4.      The junior lien holder if their rights are not properly extinguished can also sue for deficiency judgment.

 5.     Nevada law provides that the anti deficiency legislation protects a guarantor and any other entity that is personally liable for the debt. See generally NRS 40.459.

 

Malik Ahmad Attorney at law
http://www.articlesbase.com/bankruptcy-articles/foreclosure-in-nevada-myths-mysteries-740739.html

The growing economic pinch has everyone scrambling to secure their finances as best as they can, and that includes trying to make sure they don’t lose the roof over their heads, considering that foreclosure was already a grave threat on families even before the recent recession. People have increasingly turned to loan modification as the primary means to try to save their homes from foreclosure, but it seems that there are some unscrupulous individuals who see this last ditch effort to save homes as an opportunity to scam already desperate people.

People needing a loan modification, already pretty much distraught and willing to cling on to whatever little sliver of hope they can see just to save their homes, are just ripe for the picking for scam artists and snake oil peddlers. All that is needed are some well-written and rehearsed pitches to get them to sign on for what they think is a chance to evade foreclosure on their home, by investing whatever little money they have left in a fake loan modification deal perpetrated by crooks who are not in the least bothered by stealing from frantic people already steeped in debt.

These scammers will ask for an exorbitant upfront fee, supposedly to work out a loan modification for the person seeking it, with a bogus guarantee of returning half the amount in the event of failure in the deal. These scammers will then claim to have already contacted the mortgage company or the lender to work out the deal, but add that, unfortunately, the deal wasn’t successful. They will then claim half of the upfront fee they charged you, and then return the other half, having already put the person into a deeper hole than what they were already in before the deal.

These scammers can be found virtually everywhere, even online. They will try to lure unwitting victims with spectacular stories of success in securing a loan modification and just how many homes they had managed to save from foreclosure. In many cases, they are so good in pretending to be legitimate that it is almost impossible to tell if they are scammers or not. One sure way is to try and consult with a real estate lawyer. Be sure, however, to seek out a real estate lawyer that is versed on the issue of loan modification. It is also a great help if the lawyer you happen to consult with is quite familiar with the Real Estate Settlement Procedures Act, as well as in the Truth in lending Act, primarily so that they can speak the language of the lenders.

To make things easier, however, look for a legitimate firm offering a decent loan modification procedure. It pays to study any firm or service you are about to contract, as most scams are quite transparent under close scrutiny. Most scams are only able to fly because of the haste most people practice, precluding any attempts at a close look at the legitimacy of the service. Hence, it pays to really look through and think over anything before fully committing to it.

Rico Franco
http://www.articlesbase.com/loans-articles/loan-modification-and-the-scams-involving-it-731195.html

One of the best tax breaks that the United States Tax Code allows for

is the deduction of mortgage interest and property taxes paid on one=s

personal primary residence. Over 66% of Americans enjoy the benefits

of this tax break. The purchase of a home for the purpose of

occupying it can mean thousands of dollars in tax savings for the

first time home buyer.

For example, the Median Household Income for Diamond Bar and Walnut,

California a neighboring community) residents¡¯ is slightly over

$100,000.00 per year. Assume that a homebuyer purchases a typical

home in the area with a purchase price of $600,000, and finances the

purchase with an 80% conventional 30 year fixed rate loan with a rate

of 6.25%. Also assume that the new homeowner falls into the 25% tax

bracket. The new homeowner will have an annual tax deduction of

mortgage interest of approximately $30,000 per year, and a property

tax deduction of $7,500 per year! The new homeowner would have an

approximate tax savings of $9,375 for the year. This factor alone

makes owning your own home extremely desirable.

In addition to the above mentioned annual tax break, there is also a

little known tax break available to the homeowner when you decide to

sell your home. Depending on your circumstances, you’ll be able to

avoid some taxes on the profit you make.

Years ago, to avoid paying tax on the sale of a residence a homeowner

had to use the sale proceeds to buy another house. In 1997, the law

was changed so that up to $250,000 in sales gain or profit ($500,000

for married joint filers) is tax free as long as the homeowner owned

the property for two years and lived in it for two of the five years

before the sale. Please note this important stipulation, it is worth

repeating, you can not qualify for the $250,000 tax free gain

($500,000 for married joint filers) unless you have lived in the

property for two of the five years that you have owned the home.

If you sell before meeting the ownership and residency requirements,

you will owe tax on any profit you make. The IRS provides some tax

relief if the sale is because of a change in the owner’s health,

employment or unforeseen circumstances. In these cases, the tax-free

gain amount is prorated.

And a ruling by the IRS in late 2002 could put more dollars in

homeowners’ pockets when they must sell before they qualify for the

full tax break. The Treasury has defined the unforeseen circumstances

that often force homeowners to sell and under which they now can get

some tax relief. They include:

Death,

Divorce or legal separation,

Job loss that qualifies for unemployment compensation,

Employment changes that make it difficult for the homeowner to meet

mortgage and basic living expenses, and

Multiple births from the same pregnancy.

Obviously, while both of these examples are over-simplified, as most

people=s individual tax circumstances can vary substantially, they are

solely used to illustrate how homeownership can be a great tax savings

tool during the time period that you own your home and when you sell.

The best person to advise you on tax matters is a licensed certified

public accountant. I recommend that you contact your tax professional

for tax advice before you buy, it might make all the difference in

determining which house you make an offer on!

Furthermore, although not tax related, owning your own home especially

in the last few year=s appreciating real estate market, has

contributed to many homeowners finding that the value of their home

equity has doubled or tripled during this time period. The 2000 U. S.

Census Report on Net Worth and Asset Ownership of Households has

determined that approximately 70% of the average American=s net worth

at retirement age is comprised of the value of their home equity.

While this rate of appreciation has definitely cooled down in many

real estate markets in recent months, in others it still has shown a

healthy appreciation rate. Your best way of finding this information

is by speaking to a professional realtor who can advise you on your

local real estate market.

Considering all the above factors, it is no wonder that it is no

wonder that the U.S. Government wants you to own your own home.

for more information visit http://www.nefcortez.com

Nef Cortez
http://www.articlesbase.com/real-estate-articles/why-uncle-sam-wants-you-to-purchase-a-home-99288.html

These days its fact that its not hard to get home loans. Either its home equity loan or its mortgage loan and availability of easy home equity loans is in full bloom. These loans are uncomplicated, tenable, easily available, very flexible and tailor-made for homeowners. The best part about all this is that almost every loan lending or financial institution offers them.

Most home buyers have to borrow money in order to purchase their home. Few have enough money sitting in the bank, or in other easily saleable assets, to pay the entire cost of the home at once. (Even those few who do have enough money usually find it financially advantageous – perhaps for extra tax relief — to borrow some of the money.) The home loans they receive is called a mortgage. Generally, a mortgage is a loan of money to the home owner secured by a “lien” on the real estate.

Own house is the dream of every person. For a middle class person, it is considered as a life time achievement as it requires quite a huge amount of money. Banks play a pivotal role in fulfilling this basic need. The products they offer and the services they provide are of immense use to people who intend to have their own house. For a safe and beneficial home loan, proper awareness over the products, policies, terms and conditions of the bank is most important as ignorance may result in more payments to the bank in terms of principal and interest components.

A mortgage is a security document that allows the borrower to keep title of the property while using the property as security or collateral for a loan. The lender then places a lien on the property in the event the owner does not pay the agreed payment. When the borrower pays off the loan, the lender gives the borrower a satisfaction of mortgage that removes the lien from the property. About half the states in the U.S. use mortgage foreclosure as the means of satisfying the loan balance.

Mortgage allows investors to pool money in a trust to lend to individuals and companies. They secure their borrowing by a mortgage over residential or commercial properties. The trust collects the interest paid on these loans and then distributes the interest, less charges, as income to investors.

Borrowers should bear in mind that there are two different kinds of mortgage points-discount points and origination points-and that lenders do not all charge the same amount for these different types of points. Discount points refer to an amount of money paid to a lender to obtain a loan at a specific interest rate. These points are like pre-paid interest on a loan that a borrower takes out for a new home, with each point equalling to 1% of the total principal amount of the loan. Origination points are used to pay for the costs of obtaining the loan in the first place. They are much less popular than discount points, as they do not provide borrowers with any valuable benefits and are not tax deductible. Borrowers are therefore better off trying to get a loan that does not require them to acquire these kinds of points.

webmaster home
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