NOVEMBER
 

  Article 1 (What are Closing Costs?)

Article 2 (Brookline's 1st Light Festival - A Great Way to See the Town)

Article 3 (After Nine Years of Waiting: The IRS Issues New "Reverse Exchange" Rules)

Article 4 (Questions and Answers)

Article 5 (Prepare Your Home to Welcome Old Man Winter)

Article 6 (Holding Title to Real Estate in a Family Limited Partnership Can Help Reduce Estate Taxes)

Article 7 (Weatherproof Your Home for Winter)

 

 

 

 

 

 

 

 

 

What are Closing Costs?
By Eric Erickson, partner in Viking Mortgage Company. He has been helping homeowners and real estate investors close their mortgage transactions for the past 8 years. He can be reached at
1-888-738-3350.

Well -- what are these excessive, exorbitant, outrageous fees that lenders charge to close a loan transaction? Why are there closing costs at all? I just don?t get the reason for closing costs -- when it seems most lenders advertise no cost loans.

The simple answer is all the parties involved in any loan transaction should and will be paid. This begs the question as to who is involved and who pays them. The second part of the above question is easy to answer. The borrower always pays for all costs involved in a loan transaction. Who, what and how they are paid is what this article will try to explain.

The first thing to understand is that there are different costs associated with each of the different elements in a loan transaction. Let's break down what is involved in the loan process and the final closing and who gets paid.

When you initially apply for a residential loan you are given a good faith estimate. This estimate should mirror the final cost breakdown of the loan transaction that will be given to you at closing -- the HUD-1 settlement statement. The good faith estimate is just what the title implies -- an estimate. There are three areas of costs that should be described: the mortgage broker and lender fees, vendor costs, and prepaid interest/escrows.

The mortgage broker and lender fees that may be charged to you include points, underwriting fee, flood certification fee, processing fee, administration fee, etc. I have put both the mortgage broker and lender together. The reason for this is that if you use a mortgage broker the costs should be the same as going to a lender directly. The mortgage broker receives wholesale pricing from their lenders. The mortgage broker fulfills the same function as a lender?s retail branch office and assumes the expenses associated with maintaining an office. So how are they each paid?

First, points -- a point is a percentage of the loan amount. One point is equal to 1% of the loan amount. If you borrower $100,000 and are charged one point you will pay $1,000. Points have a direct relationship to the interest rate being quoted on any given day. Quickly, the bond market that is constantly changing, just like the stock market, determines interest rates. Lenders send out wholesale rate sheets to their approved brokers each day. These rate sheets outline interest rates offered within each of their loan programs parameters. Generally, points are paid to lock in a lower interest rate; conversely you will receive a higher interest rate if you pay no points. I will continue this discussion in another article. The other charges are to pay for fixed costs associated with processing and closing a loan. Lenders will charge for underwriting, administration, etc. These costs differ from lender to lender. Some lenders lump all their fees into one consolidated fee others will break out each fee. Basically, the reason for the lenders charging these fees is two fold. First, the mortgage industry has become so competitive that the interest rates offered to mortgage brokers leave very thin margins for lenders to make a profit. A lender still has to maintain an underwriting department, closing department, management, and wholesale sales staff. The lenders have found that to maintain competitive low rates for the borrower, they have to charge flat fees to make up the difference. The other part is there are third party costs that have to be paid, for example, flood certification. This certification is now required on all loans.

Vendors can be broken down into three main components. The first two are credit agencies and appraisers. Credit reports have come down in cost with the use of automated underwriting. The appraiser?s cost depends on the type of property. One thing you should understand is that residential appraiser fees have not changed in the nine years I have been originating loans. It is funny to me that borrowers still complain about appraisal fees when in general the market hasn?t allowed the appraiser to give himself a raise in all these years.

The third component is the attorney fees to close the loan for the lender and mortgage broker. Their fees are mostly pass through costs. Title exams are performed to check the title to a property. Title insurance is required to protect the lender and borrower from future tile problems. Documents need to be recorded at the registry and there is a charge for this. The town charges to obtain a municipal lien certificate that shows what real estate taxes are outstanding – remember unpaid taxes can always become a first lien on any property. A plot plan needs to be obtained to determine property lines, existing structures, etc. Finally the attorney should be paid for their time and service to the lender and borrower.

Lastly, there is prepaid interest and escrows collected. I don?t consider these items to be a part of the general closing costs because they are pass through expenses that will have to paid. Prepaid interest is simple interest charged at the closing for the remaining days in the month the loan closes. The reason for this is that mortgage payments are made in arrears or the month the first payment is made is applied to the previous month. Effectively, in order to set a loan up for servicing, the first month's payment is skipped and paid the next month, therefore one month's interest is always owed till the end of the loan?s term. Thus, there is interest owed for the days the loan is held in the month it is closed and is paid at the closing. Whether or not a lender requires a borrower to escrow/deposit money to pay for real estate taxes or homeowner's insurance, these two items need to be paid at closing. Generally, a borrower is required to pay for real estate taxes owed to date and whatever may be due within 60 days of the closing. Homeowner's insurance is required to be paid in full for one year prior to the closing and, if escrowed, the lender will collect two or three months in advance to fund the escrow account to pay the premium when it becomes due in the next year. Lastly, if private mortgage insurance is required on the loan then this will be escrowed along with the real estate taxes and home insurance.

So now you understand that there are closing costs and they will be paid by the borrower. Remember there is no such thing as a free lunch. One way or another, the costs associated with originating, processing, underwriting and closing a loan will be borne by the borrower, either in a higher interest rate where the lender pays for these costs from a higher premium earned on selling the loan or directly by the borrower at closing.

 

 

 

 

 

Brookline's 1st Light Festival - A Great Way to See the Town
By Sara Rosenfeld, Sr. Vice President, Co-manager of the Brookline office of Coldwell Banker-Hunneman. 617-731-2447.

Have you been to one of the area's best events? Have you marked your calendar for November 30, 2000 from 5:00 p.m. to 8:00 p.m.? Don't miss this wonderful opportunity to visit some of the best businesses in Brookline and enjoy terrific entertainment, fabulous food, local artists, shopping bonuses and incentives, and more! This is an annual event you don't want to miss!

What else is happening? How about a virtual raffle? We will be having a web site raffle on www.townofbrooklinemass.com (the Town of Brookline's web site). Log onto the First Light section and fill in a raffle form. You could be eligible to win one of many prizes being offered by our local businesses.

The complete schedule of events can be found on the Town of Brookline's web site and it will be in a special insert in the Brookline TAB the week of November 23.

Here are just some of the events. There will be kick-off events from 5:00 to 6:00 p.m. in Brookline Village in the Square, Coolidge Corner at the Arcade Building, and Washington Square by the clock. There will be free trolley rides between the areas of entertainment from lower Beacon Street to JFK Crossing to Coolidge Corner to Washington Square and to Brookline Village. Some of our musical entertainers include Bangalore with Philip Kaplan, Sven Larson, and Mark Nathanson, Sam Goldman guitarist and singer, Stingy Brimm original "roots" and blues, singer Nadine Chase, The Robert Christopherson Trio (jazz and blues), The Geoff Hicks Trio, Victor Cockburn family singing and the Brookline High School Chorus. We also will be hosting Looney Ballooney the balloon artist, Paul Vincent Davis the puppeteer, and many costume characters. This year's event is the biggest and best ever!

This is an evening that can be enjoyed by all and all you need to do is show up! The participants of this year's events have been planning this special night for you and it is enjoyed by all ages. Many of the businesses and performers are donating their time, money, and talents just so you can have a fun time!

This is the official kick-off to the shopping season for the Town of Brookline. Many of the businesses will be offering shopping incentives from November 30 and throughout the holiday shopping season. When you choose to live in a community, your patronage at the local businesses helps to keep the town thriving and local businesses able to offer you convenient shopping! Events like the 1st Light Festival need your support. If you would like to volunteer before or during the event, please call me at 617-796-6161. It is not too late to be involved! What a great way to get to know your neighbors better.

 

 

 

 

 

After Nine Years of Waiting: The IRS Issues New "Reverse Exchange" Rules
By Robert HB Buckner, New England Division Manager for Asset Preservation, Inc., a Qualified Intermediary for IRC Section 1031 tax deferred exchanges and a subsidiary of Stewart Title Company. Questions regarding exchanges can be directed to him at 877-845-1031 (toll-free) or on the Internet at www.apiexchange.com.

A reverse exchange occurs when the replacement (purchase) property is acquired prior to closing on the relinquished (sale) property. Real estate investors can now confidently proceed with a "reverse exchange" as a result of the new Revenue Procedure released on September 15, 2000. The new rules offer welcome clarification and will undoubtedly make this a more popular and accepted exchange variation!

The reverse exchange can be a valuable tool for the real estate investor. In an active real estate market great opportunities require the ability to immediately close without delay. Normally, an exchanger must complete the sale of the relinquish property in advance of acquiring the replacement property. Now, the reverse is possible. Also, many investors shy away from the standard delayed exchange because they have only 45 days from the close of their sale to "identify" the replacement property. If the properties they identify are either unacceptable or unavailable to close on within 180 days, they will forfeit the exchange and have to pay the tax. The "reverse exchange" allows one to close on the replacement property first, and then sell the relinquish property.

HIGHLIGHTS OF THE REVERSE GUIDELINES

- The Qualified Intermediary, through a "qualified exchange accommodation arrangement" (QEAA), may hold title to either the relinquished or replacement property.

- The Exchanger must have the requisite intent that the purchase of the replacement property be part of an exchange -- including an agreement with the Intermediary no later than 5 days after the purchase. (Note: As a practical matter, most Intermediaries will want to have an agreement with the Exchanger prior to taking title to a property on their behalf.)

- Within 45 days of purchasing the replacement property, the Exchanger must "identify" (subject to the rules in the §1031 tax code) the relinquished property to be sold in the exchange.

- The reverse exchange must be completed within 180 calendar days.

- The Exchanger may loan or advance funds to the Intermediary for the purchase of the replacement property.

- The Exchanger may supervise improvements, act as a contractor or assume other management functions.

ADDITIONAL ISSUES

- If financing is involved, the lender should be consulted since the Intermediary must hold title to property.

- The Exchanger may enter into a lease or management agreement with the Intermediary.

- The reverse exchange may be combined with an "Improvement Exchange" to allow for additional construction improvements. However, the 180-day time limit will apply.

- Reverse exchanges utilizing a "parking arrangement" outside this procedure may still be able to qualify for tax deferral.

EXPERIENCE IS PARAMOUNT!

Be sure to select an Intermediary that has experience and a specialized staff dedicated to these complex transactions. It's also critical to thoroughly scrutinize the way the Intermediary holds title to property, preferably using a separate LLC for each

 

 

 

 

 

Questions and Answers
By Michael Merril of Merril & McGeary, a real estate attorney. (Questions should be mailed to his attention at 6 Beacon St, Boston MA, 02102 or call 617-523-1760)

Q: I am a small time investor in real estate. Occasionally, I sell property, particularly when the market is attractive, as it is now. When I do so, I would like to reinvest the gain from the sale into other investment real estate in areas which I think will show greater growth and appreciation in the next decade. I have heard I can avoid capital gains taxes by engaging in a so-called "1031 Exchange." What does this mean and how can I take advantage of this law?
I.L. Newton, MA

A: If you exchange like kind investment property, the Internal Revenue Service will allow you to shelter the gain on the sale and pass it on to the new property you are acquiring. The "1031" is the section of the Internal Revenue Code which details the requirements of the exchange. While I am not a tax attorney nor am I an accountant, this is a relatively simple method of sheltering gain on the sale of real estate. While there may be other nuances to the IRS regulation you should review with your accountant, basically you have to indicate in the purchase and sale agreement that the transaction is part of a 1031 exchange. Thereafter, at the time of the sale, all or part of the proceeds are paid to a qualified "exchange agent." The exchange agent holds the funds in escrow until you purchase a replacement property. Within forty-five days you must identify three replacement properties to the exchange agent. Thereafter, you must close on one of the properties within 180 days. At the time you need the funds, either for the deposit or for the closing of the replacement property, the exchange agent will wire the funds from the escrow account for that purpose. As I indicated previously, there are other aspects to this rule with which I am not familiar, but the basic idea is sound and I recommend you investigate it more thoroughly with your accountant.
Michael W. Merrill

Q: I am purchasing a condominium unit. The seller would like to stay in the unit after the closing. I can work with the seller because I am currently renting an apartment as a tenant-at-will. What problems could this give me in the purchase process? If I want to do this, what should I ask for from the seller in order to protect myself?
M.T., Boston, MA

A: It is not unusual for the buyer and seller to agree on a delayed move out of a property. However, depending upon the length of time the seller might want to stay, the buyer's lender might have a problem with the arrangement. Most lenders in providing an owner occupied loan and interest rate expect the buyer to occupy the property within thirty days of the closing. Therefore, you should speak to your attorney and/or the lender about this prior to entering into an agreement with the seller.

Assuming you want to allow the seller to remain in the property after the closing, you should have your attorney draft a use and occupancy agreement. The agreement will indicate how long the seller can remain in the unit and upon what terms. Try to agree upon a daily rate as early as possible. For example, you could charge the market rate or your carrying costs for the property, including principal and interest, real estate taxes and condominium fee. The agreement should also specify a notice period for the seller to tell you when the seller will be vacating. I recommend a security deposit also to be paid at closing. Typically, the agreement also requires the seller to pay all utilities while he is occupying the property and to insure his personal property while also holding the buyer harmless for any damages which might occur while the seller is in occupancy. Most real estate attorneys have a standard use and occupancy agreement, which can be tailored to the particular transaction as negotiated between the parties.
Michael W. Merrill

 

 

 

 

 

Prepare Your Home to Welcome Old Man Winter
By Jay McHugh, RE/Max Afflilates, 2077 Center St. West Roxbury, MA. Questions should be directed to Jay at 617-323-5050 or Faxed to 617-323-4040 Email JAYMCLB@aol.com www.jaymchugh.com

Ice, snow and wind can have devastating consequences on the coziest of homes. Last winter alone there was over $1.5 billion dollars in insured losses due to burst pipes, frozen gutters and other weather-related disasters, according to the Insurance Information Institute (I.I.I.).

"It is when the leaves start to turn and not when the snow is beginning to fall that homeowners need to get ready for severe winter weather," says Jayna Neagle, spokeswoman for the I.I.I. "A little time and effort in October or November can prevent the heartache of burst pipes and other disasters when Old Man Winter brings snow, freezing temperatures and arctic winds.

The I.I.I. suggests that homeowners take the following precautions:

Maintain gutters. Remove leaves, acorns, sticks and other debris from gutters, so melting snow and ice can flow freely. This can prevent ice damming - a condition where water is unable to properly drain through the gutters and instead seeps into the house causing water to drip from the ceiling and walls. You may also consider installing "gutter guards." Available in most hardware and home stores, gutter guards are screens that prevent debris from entering the gutter and direct the flow of water away from the house and into the ground.

Trim trees and remove dead branches. Ice, snow and wind could cause weak trees or branches to break - damaging your home, car or injuring someone walking on your property.

Check insulation. Add extra insulation to attics, basements and crawl spaces. If too much heat escapes through the attic it can cause snow or ice to melt on the roof. The water refreezes, causing more snow and ice to build up. This can result in a collapsed roof, and can contribute to ice damming. Ideally, the attic should be five to ten degrees warmer than the outside air. Well-insulated basements and crawl spaces will also help protect pipes from freezing.

Maintain pipes. Wrap pipes with heating tape and insulate unfinished rooms such as garages that frequently have exposed pipes. Also, check for cracks and leaks. Have them repaired immediately to prevent much costlier repairs.

Keep the house warm. The temperature in the home should be at least 65 degrees. The temperature inside the walls where the pipes are located is substantially colder than the walls themselves. A temperature lower than 65 degrees will not keep the pipes from freezing.

Check heating systems. The proper use and maintenance of furnaces, fireplaces and wood-burning stoves can prevent fire and smoke damage. Have furnaces, boilers and chimneys serviced at least once a year. Make sure that smoke and fire alarms are working properly and consider installing a carbon monoxide detector.

Make sure steps and handrails are in good shape. Broken stairs and banisters can become lethal when covered with snow and ice. Make repairs now to prevent someone from falling and seriously being injured.

Get to know your plumbing. Learn how to shut the water off and know where your pipes are located. If your pipes do freeze, time is of the essence. The quicker you can shut off the water or direct your plumber to the problem, the better chance you have to prevent the pipes from bursting.

Hire a licensed contractor. Have a professional survey your home for any structural damage. If damage is discovered, have it repaired now so further damage will not occur during the winter. Also, find out about ways to prevent water damage due to snow-related flooding. Plastic coatings for internal basement walls, sump pumps and other methods can prevent damage to your home and belongings.

Take special care if you plan to be away from home. If you are not going to be in your home this winter for an extended period of time, have the water system drained by a professional to keep pipes from freezing or bursting. Also, hire someone to check on your home on a regular basis. If there is a problem, it can be fixed quickly - lessening any damage. Activity at your home will also reduce the likelihood that it will be burglarized.
Standard homeowners policies cover winter-related disasters such as burst pipes, ice dams, wind damage caused by weight of ice or snow.

Damage to homes caused by flooding is usually excluded from most standard homeowner policies. Flood insurance is available from the National Flood Insurance Program. Ask your insurance professional about flood insurance, as well as specific advice about winter-proofing your home.

 

 

 

 

 

Holding Title to Real Estate in a Family Limited Partnership Can Help Reduce Estate Taxes
By Brendan J. Greene, Esq., an attorney with the law firm of McCue & Lee, LLP (535 Boylston Street, Boston, MA) who practices in the area of real estate, estate planning, and estate administration. He can be reached at (617) 236-0212.

Can the way a property owner holds title to real estate impact the fair market value of the real estate for estate tax purposes? Absolutely! The value of a decedent?s estate can be significantly reduced depending upon how a person?s assets are owned at death. For example, if real estate is owned in a family limited partnership ("FLP"), the value of the real estate may be discounted, for estate tax purposes, due to "lack of marketability" and "minority interest" discounts, thus reducing the amount of estate taxes due upon the property owner?s death.

Estate taxes are due nine months after the death of a decedent for assets in excess of $675,000.00 in year 2000 (this amount increases incrementally up to $1,000,000 in 2006). Everyone may transfer a cumulative amount of property, either during their life or upon their death, up to $675,000.00 to take full advantage of their "unified credit." Any assets a person owns at death above $675,000 may be subject to estate taxes. The estate tax rates commence effectively at 37% and, depending upon the size of your estate, range up to 55%.

In a typical estate plan using FLP?s and real estate, parents will transfer real estate into a FLP in exchange for a 1% General Partner ("GP") interest and a 99% Limited Partnership ("LP") interest. The parents will retain the GP interest because the GP has the sole responsibility for decisions regarding management of the partnership; limited partners are generally not entitled to participate in management.

Valuation Discounts

If a property is owned in a FLP, upon the property owner?s death, the value of the property can be reduced due to "lack of marketability" discount. The IRS generally allows valuation discounts when the ownership interest of a property is in a closely held business because such an interest is more difficult to sell than an interest in a non closely held business. For instance, a person would be able to sell for more money a 25% tenant-in-common interest in a property versus a 25% interest in a partnership which owned the same property.

Furthermore, a person can discount the value of their property based upon their "minority interest" in the property. The IRS looks at the inability of the limited partners to (i) control the FLP; (ii) influence the day to day management of the FLP, (iii) force a liquidation of the FLP; and (iv) the inability to compel distributions from the FLP.

Once the FLP is formed, parents can make annual gifts of LP interests in the amount of approximately $15,000.00 each year to their children, claiming a one-third discount on the value of the gift so that it falls within the $10,000.00 annual gift tax exclusion. An added benefit is that personal assets of the limited partners are beyond the reach of creditors. As such, creditors can receive only the limited partner?s share of distributions, however, the creditor does not have any leverage to force the GP to make distributions.

Through valuation discounts and use of the annual $10,000 a year gift tax exclusion, a significant amount of wealth can be transferred to limited partners (children) through gifts of limited partnership interests which do not give the limited partners any significant control.
 

 

 

 

 

Weatherproof Your Home for Winter
By Shari Marquis, GRI Marquis GMAC Real Estate, 384 Washington Street, Brighton, MA 02135. 617-782-1234, e-mail shari@marquisrealestate.com. President of the Greater Boston Association of Realtors. Director of MLS Property Information Network, National Association of Realtors, Massachusetts Association of Realtors, and the Greater Boston Real Estate Board.

It's time to prepare your home against winter's harsh weather. Take a tip from the Greater Boston Association of Realtors: a few simple, precautionary steps can save money and add to the value of your home. "Keep in mind the benefits of making the improvements and the risks involved in leaving some jobs unfinished," says Shari Marquis, president of the Greater Boston Association of Realtors.

The Greater Boston Association of Realtors offers the following winter weatherproofing tips:
1) Heating systems: Heating systems vary, but in general, industry standards advise a professional check-up every year for oil-powered units and every three years for those powered by gas. However, do-it-yourself maintenance also is advisable. With the furnace off, you should replace air filters, and vacuum dust from the blower, fan blades, grills and air intakes. Replace any cracked or frayed belts.
If your furnace supplies heat using hot water in pipes or radiators, you may need to lubricate the motor that pushes water through the system. Remember: the efficiency of hot water systems can be impaired if air gets caught within the systems, because air takes the place of hot water. Make sure the valve that lets air escape is working properly.
2) Chimney flues: Checking your chimney is another important weatherproofing task. If you are uncertain about the condition of a furnace or chimney flue, it's best to hire a chimney sweep to clear out creosote, the flammable oily residue that accumulates when wood is burned. If left uncleaned, creosote could be re-ignited, causing a chimney fire. If you decide to clean out the furnace flue yourself, take apart exposed pipe sections and brush them outdoors. To clean a chimney flue, pull a sand-filled canvas bag back and forth through the opening, working from the roof. Make certain the flue is closed to keep soot from filtering inside the house.
3) Smoke detectors: Although battery-powered smoke detectors should be tested year round, it is crucial to test them in the winter, because sources of fire, such as fireplaces, wood stoves and portable heaters are used. Testing battery-powered units is simple -- make sure the batteries work. A unit connected to the electrical system should also be tested, but probably does not need any maintenance except, perhaps, a light dusting.
4) Air or water leaks: Look for air cracks around windows, doors, pipes, ducts and other openings. It is important to seal these leaks with flexible caulk. Seams where siding meets windows and doors should also be caulked. On brick siding, fill in eroded joints with mortar to keep out air, water and snow.
5) Insulation: Check the attic to see if insulation needs to be added or replaced. This is the most significant area of heat loss in many homes, so it is also important to see that it has proper ventilation. Inadequate ventilation could lead to premature deterioration of the insulation materials. It may be necessary to check insulation in exterior walls, crawl spaces and along foundation walls, as well.
6) Gutter cleaning: Clean the leaves from all gutters. Then, make sure the drainage system works by running water through them.

"Preparing your home for winter is a smart way to cut energy costs and make sure your home is safe," says Marquis. "It's a job that is well worth the time and effort."