This section includes resources and links that apply to land, house,
condominiums, timeshares, construction loans, and commercial property.
At the bottom of this page is consumer information specific to US home
loans.
Notaries in the US are not permitted to draw up real estate documents.
In Washington, we are not allowed to provide you with blank forms. But
we are allowed to tell you where to download or purchase blank forms.
Please get advice from your US title company or an attorney conversant
with the laws of the specific state in which your real estate is
located.
If you need an attorney in California, I managed a law firm for an
excellent real estate and business law attorney. The firm is fairly
small so you won't be charged the high prices demanded by the large
firms.
Bruce Methven
(510) 649-4019
www.MethvenLaw.com
You are welcome to mention my name. I
do not get a fee for referrals.
Final documents for United States real estate transactions must be
signed and notarized while the signers and the notary are physically
located in the US.
If you do not sign final documents in the presence of a US notary while
physically in the US, the only alternative is to sign in the presence
of a Canadian notary who has a contractual relationship with the US
Consulate. You get your documents notarized by a BC notary then you
must then take them to the US Consulate in downtown Vancouver for
certification.
Notary fee estimate
Washington notary fees are lower than Canadian fees and depend on type of document and type of notarial
wording used. I will ask you questions when you call for an
appointment to provide with the most accurate estimate possible without
being able to see the documents in person.
I have notarized hundreds of US real estate packages for people living
in Canada. US documents are quite different from those used in Canada.
Your calls or emails for more information are very welcome.
Real estate forms
You can find many real estate forms at this website:
http://forms.lp.findlaw.com/#dirsearch2
This site has many business contracts including real estate sales and purchases
http://forms.lp.findlaw.com/#dirsearch1
Be certain to chose the proper state.
Free US legal forms and instructions - FindLaw
You will need to know the specific name of a form, such as Will or Power of Attorney. Few real estate forms are provided.
http://forms.lp.findlaw.com/#dirsearch2
Low cost legal forms - US Legal Forms
This site is superior to most others because they provide state-specific forms.
They also support Find Law, the service I recommend (above) which offers many legal forms at no cost.
http://www.usLegalForms.com/FindLaw/
Information specific to the
state of Washington
WA real estate excise tax (sales tax)
The real estate excise tax rate is much lower than the sales tax when you pay for goods in WA, such as clothing.
Click on this link then look for the name of the form on the webpage. Click on the name.
http://dor.wa.gov/content/taxes/other/tax_realestate.aspx
WA-specific Quit Claim Deed
Free form and instructions from a state agency in Washington.
This form may or may not work in other states.
http://forms.lp.findlaw.com/form/courtforms/state/wa/wa000395.pdf
Whatcom County, WA, phone numbers and other contact information to help
you with property tax, recording of name changes on Deeds, and more.
http://www.co.whatcom.wa.us/treasurer/contact.jsp
Whatcom County's information page on what is needed to sell/transfer real estate in Whatcom County:
http://www.co.whatcom.wa.us/treasurer/faqs/faq_transfers.jsp
Mobile homes in WA
If a mobile home or trailer is involved in the sale/transfer, contact
the Department of Licensing website for title and tax information and
forms:
http://www.dol.wa.gov/
Consumer Information regarding
US Real Estate Loans
The process for getting a US real estate home loan is very different
from that in Canada. This page has consumer information and resources
to help you get a US real estate loan that is right for you. This
information is specific to homes and loans in the state of Washington
but will apply to most states. The sole intent is to pass along
consumer information to help you make choices. My statements are not
advice - they are my personal opinions based on my experience only.
Please do your own research and/or consult your accountant, portfolio
advisor, or other professional regarding which strategies and decisions
are best for you.
Research before calling lenders
Rates and terms for loans and title/escrow services and products are
very competitive, especially in this economy. A few phone calls to
competitors might save you thousands of dollars over the years.
Your real estate agent may recommend a specific lender and title/escrow
company. These companies may or may not provide optimum rates, terms,
and prices for your situation. While kickbacks for referrals are
virtually never permitted in the US, they are very common.
Independent mortgage brokers usually have superior access to a variety
of rates and terms currently being offered by multiple lenders. Banks
usually offer a small number of options. You may wish to interview
several independent mortgage brokers by phone and ask them to fax or
email me information about available options specific to my situation.
BankRate.com
provides general information about currently available
rates and terms. Note that the best rates are for single family
primary residence loans for borrowers with excellent credit ratings.
Rates are higher for vacation homes and for people who are not US
citizens. Lenders must pay BankRate to be included so you might find
lower rates from lenders not listed on their site.
http://www.BankRate.com
Caveat emptor.
The generally-terrible ethics of the US loan industry is what caused the current US housing crisis.
Many people outside the US think borrowers in the States did not read
the loan papers before they signed them. But when a person of usual
intelligence has been promised good terms and rates and then given a
purposely unorganized loan package of 150 pages with lots of legal
terminology, lied to when asked about specific passages, and pressured
to sign the entire package in 20 minutes by the title or escrow
company, it is easy to see how tens of thousands of homeowners in the
States were tricked into signing papers that later resulted in
foreclosure. (I refused to notarize or further work with any packages
from those lenders, of course.)
Length of loan
If you have access to Quicken, you can use its handy calculators to see
what your loan payments will be when you vary the number of years of
the loan. Go to Planning, Financial Calculators, Loan. Enter the same
loan amount and interest rate but vary the number of years. You will
see that the monthly payments for a 15 year loan are not double what
you would pay for a 30 year loan.
Loans with interest-only payments
With these loans, your monthly payments only cover the interest for a
set period of months. After the period is over, your monthly payments
usually include principal plus interest.
Loans with negative amortization
With these loans, your monthly payments cover no principal and only a
portion of the interest. These payment conditions are usually limited
to a stated number of months or years. The amount of interest that is
unpaid each month is added to the principal of the loan. There may or
may not be a balloon payment at the end of the loan. I have personally
seen lenders try to get borrowers to sign these loans, hoping the they
did not understand what they were signing.
Example:
Mr. Apple has a loan requiring interest-only payments for the first 5
years. He pays $1,500 a month. At the end of 5 years, his payments rise
to include both interest and principal. The principal has remained the
same.
Mr. Orange has a negative amortization loan. If he were to make
payments that covered the interest but no principal, he would pay
$1,500 a month. But only pays $500 a month for the first 4 years
according to his loan's terms. That means $1,000 is added to his loan
principal every month. At the end of 4 years, his loan principal would
have increased by $48,000 (plus a little more due to compounding).
Prepayment Penalities
Prepayment penalties are clauses that state if you pay off the loan
(via a refi or sale of house) within a specific number of months, you
will have to pay the lender a fine. I have seen fines as low as $300
and as high as $24,000. If a prepayment penalty (PPP) is part of your
loan, it must be disclosed on the Truth In Lending statement. On most
of the TILs I have seen, the prepayment penalty information is in the
bottom third of the page. The TIL will only show whether or not there
is a penalty. You must look elsewhere in the loan package to the see
the specific terms of the PPP. It can be anywhere. It can be a separate
document. It can be the text within another document. Lots of people
dismiss the importance of a 2- or 3-year PPP because they have no
intention of selling their house for many years. But medical
emergencies or job loss might mean that the owners need to access their
home's equity via a refinance.
Lender fees
Many lenders break down their fee into many categories including
origination fee, administration fee, rate buy-down fee, broker fee,
processing fee, and more. When you speak with a lender about fees, you
may wish to ask for their total fee including all subcategories. The
fees will be listed on the HUD aka Settlement Statement aka Closing
Costs statement. In this bad economy, many of the fees may be
negotiated to be lowered or eliminated.
Escrow accounts for property tax
and insurance
Many people like to send monthly payments to the lender that includes
the loan payment plus extra to cover the property and tax bills when
they are due. Some lenders require this to get a home loan from them.
When you take out a loan, the lender likes to seed an escrow (or
cushion) account upfront so that if your rates rise or the post office
delays delivery of your monthly payment, there is still enough money in
the cushion account to make your tax or insurance payment on time. 2-3
months worth of tax and insurance contributions is a common amount used
to seed the new escrow account.
Since this seed amount is included in your loan, you are borrowing and
paying interest on the money that sits in the escrow/cushion account
while the lender is earning interest on the money sitting in your
cushion/escrow account.
Title insurance
The title insurance fee listed on your Settlement Statement covers the lender not you. Ask if you have questions.
Power of Attorney used for
signing of final documents
Lenders and escrow/title companies prefer all persons holding title on
the property sign the final package before a notary. If that does not
work for your situation (say your partner is out of the country the
week you close), one borrower may sign using Power of Attorney.
Virtually all lenders require an attorney at the escrow/title company
to create a Power of Attorney to be used only once specifically for
this purpose. (A general Power of Attorney rarely suffices.) Some
states require this Power of Attorney to be recorded before final
documents are drawn and signed.
Another way Power of Attorney is used -
Some lenders want you to sign a Power of Attorney in front of a notary
to allow their employee or agent to sign all your final closing papers
for you. You do not sign the final loan papers. The lender and
title/escrow companies are required to send you a copy of the final
package signed but audits have revealed the copy package has important
omissions.
Final closing documents
I like to view these documents first:
*Truth in Lending aka TIL
-This federally-mandated form shows a lot of information including:
-Your loan's APR - annual percentage rate. This is different from the Note rate.
-Whether or not there is a Prepayment Penalty.
-The number of payments and the amounts.
-A large final payment indicates a balloon payment due.
*HUD aka Settlement Statement aka Closing Costs statement
This document lists all the costs associated with your loan not including any potential future fees, like a Prepayment Penalty.
*Note
This document spells out the terms of your loan.
*Prepayment Penalty clause
If your loan has a PPP, the wording may appear in a separate document
or simply inserted into another document. Some PPP clauses do not state
the amount of the fine or how it would be calculated. I have seen
PPPs for as low as $400 and as high as $24,000 on modest homes in NW
Washington.
Right to Cancel aka RTC
Some home loans qualify for a multiple-day waiting period. Some home
loans do not. If not, your loan papers are final as soon as you sign
them. If you are given a RTC form, you have a few days to cancel the
loan if you wish. Ask the person providing the RTC to answer any
questions you have about it.
When the loan is not as promised
I have spoken with many borrowers who gave their loan officer specific
requirements to be met, such as no Prepayment Penalty clause, but find
errors in the final packages.
Sometimes the loan officers submitted the papers exactly as the
borrowers wished. But the officers' supervisors added lender-favorable
stipulations without telling the officer communicating with the
borrowers.
So the loan officer you have been speaking with may or may not be person who changed the terms/costs of the loan.
Changed terms/costs is one reason why you may wish to see your final
loan documents the day before your closing/signing appointment.
Please note - I no longer serve these areas in Whatcom County, Washington: Bellingham, Ferndale, Blaine, Custer, Lynden, and Sumas