Buying a Home in
The 21st Century
© Claudette Millette 2004
By
Claudette Millette
Broker, Owner -- The Buyers' Counsel
Exclusive Buyer Brokerage
508-881-6230
Table of Contents:
(Click on a topic to be taken to that page)
Chapter 1--Tax Savings for Home Buyers
Chapter 2-- How Much Home Can you Afford?
Private Mortgage Insurance - Will You Need It?
Buyer Broker vs. Traditional Real Estate Agent
What Should You Look for in a Broker?
What Motivates a Buyer Broker to Negotiate a Lower Price?
What are the Advantages of having a Buyer Broker Involved in a Transaction?
Chapter 4-- Looking at Properties -- Architectural Styles
Colonial with Hip Roof, Portico and Palladian Window
Chapter 7--What You Can and Cannot Expect to be
Chapter 93A - The Consumer Protection Act
Chapter 8--Focusing In On a Specific Property
The Home Inspection Contingency
Real Property vs. Personal Property
Chapter 9--The Home Inspection
UFFI (Urea Formaldehyde Foam Insulation)
After the Home Inspection -- What Happens When There Are Problems?
Gauging the Seriousness of Inspection Issues
Chapter 10-- Additional Property Issues
When Can the Closing Take Place?
Chapter 11--Following Up With Your Lender
Chapter 12--The Purchase and Sale Agreement
What Will an Attorney Do For You?
Chapter 14--Homeowner's Insurance
Chapter 15--Final Property Walk-through
What Condition Should the Property Be In?
What is the Remedy for an Unsuccessful Walk-through?
Joint Tenants with Right of Survivorship
Closing Costs and Remaining Down Payment
Filing a Declaration of Homestead
Since the beginning of civilization, humans have gained strength and power from their ownership of property. The cave man fought with clubs and spears to protect and defend his territory. Although they were not written on a formal deed, his ownership rights were complete and made known to others around him.
As time went on, people joined together to aid each other in the defense of their property, giving up some individual rights in order to have a certain degree of security. With population growth, a more centralized authority developed allowing the individual to regain more singular ownership by passing back part of his crops as "property tax" for protection.
During the feudal system which took place in Europe between the 8th and 11th centuries, this centralized figure took the form of a king. Kings gave out leases to their allies and family members, thereby, making them "lords." The lord employed serfs and peasants to live on and work the land in exchange for a tribute back to him. The lord, in turn, had to pay the king for his right to possess the land. During this time, the peasants kept possession of the land, while royalty retained ownership and collected rents.
It is from this period that we acquired the term "landlord". The tenant farmer was allowed to put a fence up on his lot, but the king still owned all of the fenced-in land. The king would give land to a loyal knight, but upon the death of the knight, the land returned to the ownership of the Crown, thereby proving the king’s authority over everyone.
It is also from this era that we acquired the term "fee simple". The noble or lord would grant an estate, called a fee, to a loyal subject in exchange for money or service. Under the normal traditions of the time, the land would return to the lord on the death of the subject.
These were common practices until 1215 when the Magna Carta was signed giving the lords more authority over their holdings of land, including the ability to pass it on to their heirs. To spell out this intention, the phrase "and his heirs" would be included in the contract. This phrase still remains on deeds that are held in fee simple, which is currently considered the most complete form of property ownership.
As each of these laws was passed, a verbal code known as "common law" developed. These common laws remain the basis for much of the American system of property ownership with forty-nine states being able to trace their real estate principles back to this English practice of land holding. Laws that were originally written to protect the king and all of his holdings are now the basis of laws that protect your rights to private property.
Our founding fathers, particularly Thomas Jefferson, believed that property ownership was at the core of individual freedom and independence. These ideals are connected with the fact that the United States was the first nation to make thirty-year mortgages acceptable and also to make mortgage interest tax deductible. Land holding then was tied to the very rights that we hold dear today, such as the right to vote.
Entering the twentieth century, land purchases were ruled by caveat emptor (let the buyer beware). It was not until 1917 that some states started to pass laws to license realtors and enact legislation to protect property buyers. In the twenty-first century, home ownership is still at the basis of wealth-building. With added assistance from the government in the form of tax advantages and other incentives, people who would not otherwise be able to do so can begin a foundation of savings in the form of building equity in their own residences.
As a renter you were paying someone else's mortgage and contributing to their financial future. Now, with your home purchase, you are on the road to building your own personal wealth. To that end, you have probably consulted with friends and read a number of articles or books on the home buying process.
With this book, I have laid out the inner workings of an entire real estate transaction; not as instructions from a course telling you how the process should happen, but, rather explaining how a home purchase actually does happen and what you will need to know to get through it. The material here is also specific to customs and laws as that pertain to Massachusetts since real estate purchases throughout the country are not all alike.
Beginning with obtaining your financing, choosing a real estate agent, looking at properties, making an offer, going through a home inspection and straight through to your closing; the practical information you need is located in these pages. My goal was to make this a one-stop resource for answers to all of the questions you will be confronted with in your search for the perfect home.
Whether you have allied yourself with a good broker or are going it alone, this book should provide you with a beacon of light that will help you find a way to a happy closing.
There has been a long tradition of promoting home ownership in this country. Our government realizes that it is in the interest of everyone to have as many citizens as possible become homes owners. Property ownership is essential in providing an environment of social, economic and political stability since these are the fundamentals of a free society.
Because of this, Uncle Sam does his part to make owning a home as affordable as possible. Encouragement comes in the form of allowing you to deduct mortgage interest payments from your income and also to deduct the amount that you pay in real estate taxes. Other advantages, such as the capital gains exclusion and deductions for a home office can also pay off handsomely.
The Mortgage Interest Deduction
In the early years of a loan, most of the payment will be going toward interest. Refer to the example in Exhibit A. Notice the entry for the first full year which is 2004. The year's mortgage payment was "$17,610" with the interest amount of "$15,894." In this case you would be able to deduct $15,894 off of the top of your taxable income for the year.
This incentive can easily be measured against the cost of owning vs. renting, in which you make a monthly payment, have no equity building and no tax deduction at the end of the year.
Exhibit A
Amortization Schedule
Loan Amount: $200,000 Amortization Period Years: 30
Loan Life Years: 30 Monthly Payment: $1,467
Interest Rate: 8% Compounding: Monthly
Year Payment Interest Principal Balance
_______________________________________________________________________________
2004 $17,610 $15,894 $1,715 $199,457
2005 $17,610 $15,752 $1,858 $195,883
2006 $17,610 $15,597 $2,012 $193,871
2007 $17,610 $15,430 $2,179 $191,692
2008 $17,610 $15,250 $2,360 $189,331
As a home owner, you will have a yearly tax bill that must be paid to your town. Since your annual real estate bill can be substantial, it helps to know that you can deduct this cost from your income when you file your taxes.
Real estate taxes are based on the assessed value of a home. Assessments are not conducted by real estate agents or appraisers. They are set by the town's assessors. In most towns, properties are reassessed every three years. Your assessment will be based upon factors involved in the sales of all homes that have taken place in town; more specifically, to houses of the same style, size and neighborhoods as yours. Also taken into consideration are the number of baths, bedrooms, out buildings, such as sheds and any other factor that may detract from or enhance the value of your home.
As you search for a new home, be sure to get all of the assessment and tax information from the seller or broker. Your taxes are usually broken up into monthly amounts and are escrowed and paid with your mortgage payment. When you file your federal tax return, you will be able to deduct the amount you have paid in property taxes for the year.
If you own your own business, you may be able to take advantage of the home office deduction. Your home office will qualify if you meet the following requirements:
1. Your use of the business part of your home must be:
a) Exclusive
b) Regular,
c) For your trade or business, AND
2. The business part of your home must be one of the following:
a) Your principal place of business,
b) A place where you meet or deal with patients, clients, or customers in the normal
course of your trade or business, or
c) A separate structure you use in connection with your trade or business.
Figuring the deduction:
1. Divide the area (length multiplied by the width) used for business by the area
of your home.
2. If the rooms in your home are all about the same size, you can divide the
number of rooms used for business by the total number of rooms in your home.
Example:
- Your office is 240 square feet (12 feet x 20 feet).
- Your home is 1,200 square feet.
Divide your office square feet by the total square feet in your home:
- Your office is 20% of the total area of your home.
Expenses you can deduct for business use of the home may include the business portion of real estate taxes, mortgage interest, utilities, insurance, depreciation, painting and repairs. However, you may not deduct personal expenses, expenses for lawn care or those related to rooms not used for business.
For a more complete explanation of the home office deduction refer to Publication 587 of Department of the Treasury Internal Revenue Service, "Business Use of Your Home." available at www.irs.gov.
Home Improvements
If you take out an equity loan to make substantial improvements to your home, you can deduct the interest paid on the amount borrowed for the improvement. The IRS defines improvements as those items that "add to the value of your home, prolong its useful life, or adapt it to new uses."
The following are examples of home improvements that may qualify:
Additions: bedrooms, bathrooms, a deck, a garage, a porch or patio.
Lawn & Grounds: landscaping, walkway, fence, retaining wall, sprinkler, swimming pool.
Heating and Air Conditioning: heating system, central air, a furnace, duct work a central humidifier, a filtration system.
Miscellaneous: storm window, doors, a new roof, central vacuum, wiring updates, a security system.
Plumbing: a septic system, water heater, water softening system.
Interior Improvements: built-in appliances, kitchen modernization, flooring, wall-to-wall carpeting, insulation, attic, walls, floor, pipes, duct work.
In your mortgage application, you will have the option of paying points to help you to get a lower interest rate. A point is 1% of the principal and is usually considered pre-paid interest. For example, one point on a $100,000 loan would be $1,000.
To be treated as pre-paid interest the points have to be paid solely for your use of the money and not for services performed by the lender. Even if the lender calls this amount a "loan origination fee" as long as it is a charge for the use of the money, the fees are deductible on your income taxes.
To qualify for deduction of points on your income tax, you must meet the following criteria:
1. Your loan is secured by your main home.
2. Paying points is an established business practice in the area where the loan was made.
3. The points paid were not more than the points generally charged in that area.
4. You use the cash method of accounting. Most people use this method.
5. The points were not paid in place of normal settlement costs, such as appraisal fees, etc.
6. The funds you provided at closing were at least as much as the points charged.
7. You use your loan to buy or build your main home.
8. The amount is clearly shown on the settlement statement (Form HUD-1).
The Capital Gains Exclusion
When you sell your home, provided you have occupied it for at least two years, you have a $250,000 exclusion from capital gains taxes on this amount if you are single, and a $500,000 exclusion as a married couple.There are now exceptions to the two year rule. If you have to sell your home before the two year period and have a change in employment, health reasons or "unforeseen circumstances" you may qualify for the exception rule.
These include: being terminated from employment; a change in job status that results in being unable to pay the mortgage and reasonable basic living expenses; divorce or legal separation; multiple births resulting from the same pregnancy; involuntary conversion of the property - such as a condemnation by a governmental authority, and destruction of the property because of a man-made disaster, an act or war or terrorism.
The Capital Gains Exclusion can only be used every two years on your primary residence.
These are brief descriptions of the some of the possible tax savings with home ownership. They are deemed reliable, but may not be accurate. Before taking any deductions on your taxes, check with your tax accountant, attorney or appropriate IRS publication which may be found at www.irs.gov.
*Some source material for this section from www.irs.gov website.
There are two major factors that qualify you for home financing: your ability to pay a loan and your willingness to pay a loan.
Your ability is determined by verifying your current employment and analyzing your total income. Employers usually like to see that you have been employed by the same company for two years. There can, of course, be exceptions to this.
Other factors that are taken into consideration include the amount of cash you have in your bank account, including savings, retirement accounts and investments.
Your willingness to pay the loan is determined by what is on your credit report. If you have been consistent in paying bills, credit card payments and repaying loans this will demonstrate that you can be counted on to pay any loans in the future.
A Standard Banking Ratio
Typically, a bank will allow you to borrow up to a certain percentage of your combined gross monthly income. This is often calculated using a 28/36 ratio. The first number (28%) is a measure of your income against your monthly housing cost. The second, (36%) a measure of your income against your total monthly payments, including car payments, credit card payments or any other long-term debt, as well as your housing cost.
With an example of a gross monthly income of $5000, the ratio is calculated as follows:
.28 x $5000 = $1400
The $1400 represents the total allowable monthly housing costs, including taxes and interest.
Next, the second number (36%) is multiplied by your gross monthly income.
.36 x $5000 = $1800
This second number reflects the total allowable amount for your monthly obligations, including monthly housing costs. From the $1800 figure you should subtract all of your monthly long-term debts. For example, if you have a car payment of $300 a month and a credit card bill of $50 a month you would subtract $350 from $1800 leaving $1450 available for your housing expense.
Using this ratio, the bank is requiring that your monthly mortgage payment be less than 28% of your gross monthly income and your total debts less than 36% of your gross monthly income.
If you and your spouse or partner are jointly purchasing a home, the bank will look at your total combined income against your combined expenses.
The ratio outlined here is only one of the ways a bank can assess your eligibility for a loan. Some lenders use more liberal or conservative ratios and have a number of programs that you may qualify for even if you do not fit into the 28/36 ratio.
To avoid any surprises, it's best to get a copy of your credit report before applying for a home loan. According to Massachusetts law, the credit bureaus are required to provide you with one free copy of your credit report each year. You can get a free report by calling Experian at 1-888-397-3742 or go online at www.Experian.com/freestate; call Equifax at 1-800-685-1111 or online at www.Equifax.com; or call TransUnion Credit at 1-800-888-4213 or visit their website at www.TransUnion.com.
Even if you are convinced that your credit is unblemished, it's wise to check your reports from time to time. Credit bureaus can make mistakes and their files may contain inaccurate information. Make sure that credit cards you think you have canceled show up as closed.
If you find inaccuracies in your credit report, notify the credit bureau. Do it in writing and keep a copy. Once the agency is notified of an error, it has thirty days to make the correction.
You have the right to provide credit bureaus with a one hundred-word statement explaining any circumstances that pertain to specific information in your report. This includes information about late payments, divorce-related problems or a dispute with a company. The credit bureau must then include these statements in your credit report.
What is a FICO Score?
Most credit bureau scores in the U.S. are produced from software developed by Fair Isaac Corporation (FICO). The scores are used to evaluate how much of a credit risk a potential borrower is. FICO scores are provided to the three main credit bureaus: Equifax, Experian and TransUnion.
These scores are considered to be a fair and impartial judgment of whom should be granted credit and what the limits should be. FICO cannot tell if you are a single woman, a minority race or of any particular religion. It looks only to your borrowing habits measured against the patterns of hundreds of thousands of past credit reports.
FICO scores range from 300 to 850 and, though your scores among the three major credit bureaus will not be far apart, they are never identical to each other. Each agency has its own method of analyzing and reporting the data in your files. It is wise to get a copy of each score since that is exactly what some of the lenders do.
It's important to note that FICO only looks at information in your credit report, while lenders look at a number of variables when making their lending decisions, including your income and how long you have worked at your current job. Your score considers both positive and negative information in your report. Late payments will lower your score and a history of making payments on time will make your score higher.
Your FICO score is based on five categories:
1. Payment History - This makes up 35% of your score. One of the most important factors in a FICO score is whether or not you have paid past accounts on time. However, it is just one piece of the picture.
2. Amounts Owed - Approximately 30% of your score is based on this factor. Having high balances on credit card accounts may show that you are overextended and less likely to make future payments on time. If you pay off your credit cards every month this indicates that you are a good credit risk.
3. Length of Credit History - Approximately 15% of your score is based on this. Having had accounts for a longer period of time is viewed as more favorable than being a new credit customer. FICO looks at how long accounts have been established and how long it has been since you have used certain accounts.
4. New Credit - This accounts for approximately 10% of your score. People who have not had credit for very long should not open too many new accounts in a short amount of time. The scores are also affected by having a large number of requests for credit, although FICO distinguishes between a search for a single loan (such as a mortgage) and searches for many new credit accounts. They do this, in part, by the length of time over which the inquiries occur.
5. Types of Credit in Use - Approximately 10% of your score is based on this factor. If you do not have a lot of other information on which to base your score, opening a vast array of retail accounts, loans, and credit cards will not necessarily be viewed favorably. The score considers whether the loans and accounts are a healthy mix. It is better to start off with a few accounts and establish a good payment record with them than to open many that you do not need.
You can find out more information and purchase your FICO scores at www.myfico.com.
After checking on your credit and working out some preliminary numbers, sit down with a banker or mortgage broker to go through the process of filling out a loan application.
Preliminary screening of mortgage companies can be done online or over the phone. Currently, many banks and mortgage companies are competing for your business. Go online to check their rates or call direct. Most of them will give you a great deal of information on their products and current programs. Take advantage of this information to help you to become a more informed consumer.
Just a note of caution. As with everything else in life, if something sounds too good to be true, investigate further. Sometimes an online mortgage company will lure buyers in with extremely low rates. You may find out later that there are points or hidden fees built into the closing costs. Get the full picture and also make sure that the company is a valid lending institution or a mortgage broker who has been in business for awhile.
Get pre-approved for your home purchase
All viable mortgage companies offer letters of pre-qualification that can be obtained over the phone and fax. A pre-qualification involves a series of questions about your income, outstanding debts and monthly payments. The lender will also conduct a soft credit check. The pre-qualification states that according to the information you have given, they anticipate being able to loan you a certain amount of money. This falls short of an actual pre-approval.
The pre-approval is usually the result of a face-to-face meeting (although, some of these are being accomplished through websites or telephone contact) with a solid credit check and an actual loan application. This is a home loan, ready and waiting for an actual property. In order to put a solid offer on a house a pre-approval is a necessity. (See Exhibit B)
________________________________________________________________________
Exhibit B
Pre-Approval Letter
ABC Banking
November 1, 2003
RE: Loan Approval - property address - to be determined
Dear Mr. & Mrs. Smith:
Congratulations. ABC bank is pleased to inform you that your application has been approved. Your approval is based on a review of the information and the documents that you have provided, as well as a full credit report. This means your credit history, income, and assets, as reported to us, meet the guidelines of the loan program for which you have applied.
A final approval will be issued upon satisfactory compliance of the following conditions:
- Fully executed sales contract.
- Satisfactory appraisal supporting the sales price.
Thank you for choosing ABC Bank.
Sincerely,
Joan Bankcard
Loan Officer
________________________________________________________________
Items Necessary for a Home Loan Application
Some lenders may not require all of these items, but, just to be safe, you should have the following information ready:
- Your social security number;
- Employment history: employment for two years; dates and addresses; salary; current pay stubs or W-2 forms.
- Checking and Savings Accounts and Certificates of Deposits: location of bank accounts, account numbers and balances; address of bank if out of town and be prepared to provide the last 3 months' statements.
- Stocks, bonds, and investment accounts: broker's name and address, description of stocks, bonds, etc. and the last 3 months statements or copies of stock certificates.
- Life Insurance Policy;
- Retirement Plan: approximate vested interest value, copy of latest statement.
- Automobiles: make and model of automobiles, their resale value, if possible;
- Other Assets: market value of personal and household property.
- Liabilities and other non-mortgage debt: creditor's names, addresses, account numbers, monthly payments and balances.
Conventional Loan Programs
For every home buyer there is a loan program. You can determine which type of loan you fit into by your income, expenses and home ownership goals. If you plan on spending many years in your new home, you are probably best suited for a fixed-rate loan. By getting into a low interest fixed-rate, you will have the security of knowing what your monthly payment will be over the long term and you can make the rate even lower by paying points up front. However, if there is a good chance that you will be moving in five years or less, an adjustable-rate mortgage may be a better answer for you. And, if your income will be rising in the future, an ARM will give you more purchasing power now.
Fixed-Rate Mortgages
The most easily understood loan is the fixed-rate loan. It allows the borrower to repay the principal and interest over a fixed period. During this time, the interest and payment amounts stay the same. There are currently fixed-rate programs available for 30 years, 20 years, 15 years and 10 years. The most popular terms are 30 and 15 years.
With the 30 year loan your payments will be lower since the loan amount is extended over a long period of time. However, if you can afford a higher payment, the 15 year loan will pay off your mortgage in half of the time and the loan will be at a lower interest rate.
The payments on fixed-rate fully amortizing loans are scheduled so at the end of the term your mortgage is paid in full. The advantage to this type of loan is in knowing what your payment will be for the life of the loan. In a period of low interest rates, the fixed-rate loan is a popular way to buy a home.
Adjustable-Rate Mortgages (ARMS)
With adjustable-rate mortgages, your interest rate will fluctuate with the economy. Depending on your financial situation, these types of loans may allow you to have more purchasing power now than a fixed-rate loan. This is due to the fact that lenders offer introductory interest rates on ARMs that are substantially lower than on fixed-rate loans. ARMs carry risks in periods of rising interest rates, but, if interest rates drop, they can become less expensive.
The rise and fall of ARM interest rates are tied to their relationship to an index. The type of index varies and could include Treasury securities or the national average cost of funds to savings and loan associations. If the index rate moves up, your payment does as well. On the other hand, if the index rate goes down, so will your monthly payment.
To get a better understanding of ARMs, you should become familiar with the following terms:
The Adjustment Period
With ARMs, the interest rate and monthly payment change every year, every three years or every five years, depending on which program you are in. The period between one rate change and the next is called the "adjustment period." For example, in a 1-year ARM the adjustment period, i.e. when the interest rate can change, is 1 year.
The Margin
To determine the interest rate they will charge on a loan, lenders add a few percentage points to the index rate. This is called the "margin." Margins tend to vary from one lender to another. For example, both lenders may use Treasury securities as an index, but one uses a 2% margin and the second uses a 3% margin. The larger margin will make your monthly payment higher.
Discounts
To make a loan program attractive and, sometimes, to get you approved, a lender may use a lower initial rate than what is standard for them. These rates are referred to as discounted rates. Often these loans are accompanied by large initial loan fees or "points."
The discount provides you with a lower monthly payment and also qualifies you for more than you would otherwise be approved of. Just be aware that, after the discount period expires, which is often at the end of the first year, the savings from this period may be made up during the life of the mortgage by a rise in your mortgage payment.
Interest-Rate Caps
Caps were put into effect to protect borrowers from extreme increases in their monthly payments. A cap does this by placing a limit on how much your interest rate can increase. A periodic cap limits the rate increase from one adjustment period to another; while, overall caps limit the rate increase over the life of the loan.
For example: you have an ARM with a periodic cap of 2%. At the first adjustment, the index rate goes up 3%. Because of your 2% cap, your interest rate will only go up 2%.
Be aware that a drop in interest rates does not necessarily lead to a drop in your monthly payment. Some ARMS have a carryover feature. If your 2% cap has kept your interest rate to 2% during a 3% increase in the index, the additional 1% can carry over to the next adjustment period. This would raise your interest rate an extra 1% in that period even if the index rate has not had an increase.
For an overall cap example, you have an overall cap of 5%. The index rate increases 1% in each of the next nine years. Your payment will not go up 9 percentage points, but will only go up 5%.
By law, virtually all ARMs must have an overall cap.
Payment Caps
Some ARM programs have payment caps. A payment cap will limit your monthly payment increase at each adjustment, usually to a percentage of the previous payment.
With payment caps you need to know about the possibility of negative amortization. This can happen when your monthly payment amounts are not large enough to pay all of the interest due on your mortgage. Since payment caps deal only with payment increases and not with interest-rate increases, there could be a time when your payment does not cover all of the interest due on the loan. This shortage is added to your debt and may have additional interest charged on the amount.
Since real estate values are usually appreciating, the extra charges in the loan may be covered by an increase in your property value, but this is a possibility that you should carefully consider when looking at any adjustable rate programs.
1-Year Adjustable Rate Mortgage
With this 30-year loan the interest rate changes every 12 months. The amount of the adjustment is determined by an index, as previously discussed. Whether it is the Treasury Bill Rates, Treasury Note Rates, Federal Reserve Discount Rates or the Cost of Funds Index, these indices are all published and readily available to the consumer. Your lender has no control over the rate of increases or decreases.
One reason to consider a 1-year ARM is that the introductory interest rate will be significantly below the rate on a fixed-rate loan which may help you to qualify for the largest possible loan on your current salary. Your part in this arrangement is that you will be taking a risk in that your payment may change from year to year. If interest rates rise dramatically, you could end up paying much more for a 1-year ARM than for a 30-year fixed rate mortgage.
This loan usually comes with a 2% periodic cap and a 6% overall cap.
3-Year Adjustable Rate Mortgage
The interest rate on this 30-year loan changes every 3 years. Like the previous loan, the rate is tied to a predetermined index.
While you are still taking a risk, it is not as much since the rate will not adjust as often. Once again, you will be offered an introductory rate that is lower than a fixed rate loan. Some view the 3-year adjustable as a moderate risk compared to the 1-year adjustable.
If you expect to move or refinance in three years, this could be a good solution for you. It is also an opportunity to qualify for a larger loan than you would under a fixed rate. In any event, you should have some expectation of an increase in your income to be able to cover any possible future adjustments.
5-Year Adjustable Rate Mortgage
This is a 30-year loan in which the interest rate changes every 5 years.
You will still be offered a lower rate than the rates on fixed-rate mortgages. In exchange, you are willing to accept a small amount of risk that your rate will go up.
This would be a good option if you expect to stay in the home for at least 5 years. Once again, you should be confident that you income will go up to be able to cover the possible increase in your payment.
One of the most confusing aspects of home financing is determining what is fair or competitive with regard to closing costs. These costs are not fixed and can vary greatly depending on the lender, the lending program and the amount of your loan.
When shopping for a loan, get estimated closing costs from lenders. Ask for them to be in writing. This will help in your comparison shopping. Once you have applied for your loan, The Real Estate Settlement Procedures Act requires your lender to provide you with a Good Faith Estimate of closing costs within three business days of your application. Also, you must be provided with a disclosure estimating all of the costs associated with your loan, including your total finance charge and Annual Percentage Rate.
Although the categories of lending costs are standard, the amounts charged for the fees are not. Below is an explanation of each of the possible fees as they appear on the HUD (Department of Urban Housing and Development) statement.
Loan Fees
Loan Origination: A charge for the lender's work in evaluating and preparing your mortgage loan, often expressed as a percentage of the loan. Cost: varies from lender to lender.
Loan Discount: Also referred to as "points". A point is a one-time charge imposed by the lender to lower the interest rate the lender would otherwise charge. Each point is equal to one percent of the mortgage amount. Cost: varies with mortgage amount.
Appraisal Fee: This covers the cost of an independent appraisal of the home you are purchasing. The lender requires this evaluation of the property since it will serve as collateral for the loan. Cost: $200 - $400.
Credit Report Fee: Covers the cost of a credit report to evaluate your credit history. Cost: $50 - $100.
Mortgage Insurance Application Fee: If you are putting less than 20% down on your home you will be required to take out mortgage insurance (PMI) This covers the lender's risk in the event you should fail to make loan payments. Cost: Varies from lender to lender.
Mortgage Broker Fee: Any fees paid to the mortgage broker would be listed here. Cost: Approximately $500.
Items to be paid in advance
Interest: Lenders usually require borrowers to pay the interest that accrues from the date of the settlement to the first monthly payment. For example, if you closed on June 20 you would owe ten days of interest payments to the end of the month.
Mortgage Insurance Premium: The lender may require you to pay the first year's mortgage insurance premium in advance.
Flood Insurance: If the property you are purchasing is in a flood zone, you would have to carry flood insurance.
Reserves Deposited With Lender
Hazard Insurance Premium: You will be paying at least three months of prepaid home insurance at the closing. Cost: Based on your home's value.
Property Taxes: You are required to pay three months of property taxes which will be held in escrow with the hazard insurance by the lender. Cost: Based on your home's value.
Title Charges
Settlement or Closing Fee: This is a fee paid to the settlement agent or closing attorney. Cost: Approximately $600.
Abstract of Title Search, Title Examination, Title Insurance Binder: The title search is done to prove to the lender that the seller owns the property you are purchasing. The search involves reviewing public records, recorders of deeds, county courts, tax assessors and surveyors. Also, records of deaths, divorces, court judgments, liens and contests over wills are examined. Cost: Approximately $250.
Document Preparation: This is a separate fee that some lenders charge to cover their costs of preparation of legal papers and the deed. Cost: $50-$200.
Notary Fee: This is the cost of having a notary public sign the documents and swear to the fact that the persons named are the ones who signed them. Cost: $50-$100.
Attorney's Fees: You may be required to pay for legal services provided to the lender such as examination of the title binder. Cost: Approximately $600.
Title Insurance: The total cost of your title insurance as well as the lender's. Title insurance protects you from an error in the title search. Such an error could mean that you are buying a house from someone who did not own it in the first place. Cost: Based on your home's value.
Government Fees
Government Recording and Transfer Charges: These fees are for recording the new deed and mortgage. Cost: Approximately $300.
Recording Fee: This fee is paid to the title company and involves recording the transfer of title with the county clerk's office. Cost: $125.
Additional Settlement Charges
Survey Fee: A survey, or an Improvement Local Certificate, is done by a licensed surveyor and determines that your lot has not been encroached upon. At a minimum, the lender will require evidence that no additional structures have been added to the lot since the last survey was conducted on the property. Cost: Approximately $200.
Administrative Fee, Document Preparation Fee, Courier Fee and Certified Copies: Costs vary.
Private Mortgage Insurance (PMI)
Will You Need It?
The determining factor as to whether or not you need to purchase private mortgage insurance is your down payment amount.
The bank is concerned with the loan-to-value or LTV. If you are putting down only 10%, your LTV is 90 percent. Since most lenders will only insure 80% of the loan, you will have an exposure of 10% that must be covered. This is done with private mortgage insurance.What Does PMI Cost?
According to the Mortgage Bankers Association of America, PMI costs are typically one-half of one percent of the loan.*
For example: You put down 10% on a loan of $200,000. $200,000 minus $20,000 (10%) is $180,000. This is the amount to be financed. The lender multiplies $180,000 by .005. The result is $900. Divide $900 by 12 for your monthly PMI payment of $75.00.
*PMI costs may vary from lender to lender.
Avoiding PMI
Some lenders have programs in which you can avoid PMI by paying more interest. The usual rate increase amounts to .75 % to 1%, depending on the lender and the amount of the loan. One advantage to this method is that mortgage interest is tax deductible.
Another method is called an "80-10-10" loan. This involves getting two loans and putting 10% down on the property. The program is structured with a first mortgage equal to 80% of the sale price and a second mortgage for the remaining 10%. The second mortgage will usually have a higher interest rate than the first but since it only applies to a small portion of the total price, the monthly payment for both loans will usually come out to less than paying a PMI premium.
If you do end up with PMI payments in the structure of your loan, keep track of your payments on the principal of the mortgage. When you reach a point where your loan to value is 80% there are provisions which mandate that you be notified. According to the Homeowner Protection Act of 1998, Federal Public Law 105-216, the following rules apply:
Mandatory Initial Disclosure - At the time of the closing
the lender must provide a written notice of when PMI may be cancelled or that the lender will notify the customer when the cancellation date is reached.Borrower-Initiated Cancellation - When the balance of the
mortgage reaches 80 percent of the original value of the property the borrower may request in writing that the PMI be cancelled.Automatic Termination - When the balance of the mortgage
reaches 78 percent of the original value of the property the lender must automatically terminate PMI, provided that payment is current.
On The Internet – Why Do
I Need an Agent?
With regard to searching for properties on the internet,
there are some important limitations. One of them is that house listings are not always updated, so, you may often be chasing one after it has gone under agreement. If you call listing brokers directly, you will not be be getting impartiality about other properties you may be interested in since they stand to make twice as much money by selling their own listings to you. This leaves you with the task of calling on every property, setting your own appointments and having no one on your side.Since buying a home is not something you do on a regular basis, there is no reason for you to learn how to be a real estate agent. Plodding through the maze of listings, property values, zoning regulations and inspection issues is something best left to those who do it for a living. Help is available, and it usually costs you nothing.
The profession of real estate agency has evolved dramatically over the last ten years and it is due, not only to changing technology, but also to the sophistication of today's buyers. With all of the information now available at our fingertips, we are able to bring a higher level of service in a shorter amount of time. The old concept of a real estate agent whose qualifications were that she lived in town and had put her children through the school system no longer suffice for today's home buyer needs.
Many realtors are specializing and developing their own niches. One of those niches is buyer broker representation. Because of this innovation, there is no reason to embark on your home purchase alone. Home buying is a complicated process and one that is best coordinated by a professional who, not only helps you to find a property, but also has the knowledge necessary to bring your transaction to a successful closing.
Exclusive Buyer Agent vs. Traditional Real Estate Agent
Over the past few years, the popularity of buyer broker (synonymous with buyer agent) assisted
transactions has grown. Because of the demand from the public, many traditional real estate agencies now offer buyer agency services. These are not to be confused with exclusive buyer agents who always work with buyers and for buyers.Where is the distinction?
In the case of real estate agents who work as buyer
agents if that is what the public asks them to do at the time, they are still spending most of their time working for sellers.Why is that important?
A buyer broker's job is to put the buyer's needs first, sometimes at the risk of losing the transaction. This is a huge psychological hurdle for a traditional real estate agent to make. The task is made even more difficult by sometimes representing the buyer and sometimes not. This is tantamount to working as a prosecutor for a living and, suddenly, having to defend someone with no practice at doing so.
Another issue is that of the traditional real estate brokerage and its relationship with its sellers. When working with a traditional agent who is offering buyer brokerage services there is a potential conflict regarding the agency's in-house listings. Often, a brokerage will offer a higher commission on the sale of its own listings providing an incentive to an agent to promote those properties more than others on the market. In a buyer agency relationship, your agent should be completely unbiased with regard to which properties to show you, thus, the in-house listing financial incentive is an inherent conflict.
Accidental Dual Agency
Aside from the obvious problem of promoting certain listings, there is also the issue of dual agency. Dual agency happens when "your broker" shows you an in-house listing and you put an offer on it. Since that agent's brokerage works for the seller of that property, so does the agent. Even if you have a buyer brokerage contract with the agent, he/she is also duty-bound to represent the seller of the in-house listing. In this case, a dual agency develops. In dual agency, no one really has representation since doing so would be in conflict with the other side.
In this situation, the agent cannot advise you on offering a lower price, cannot provide you with comparable sales or a comparative market analysis since doing so would be in conflict with the duties the agent owes to the seller.
At home inspection time, the agent cannot recommend a home inspector to you, cannot renegotiate for repairs on your behalf for any of the issues that have come out of the home inspection. Since the agent represents the property, he/she cannot be counted on for duties of confidentiality and loyalty to you. What, actually, happens is that you end up with no representation at all.
Dual agency is a no-win situation that both agents and buyers should try to avoid. To get the standard of representation you deserve and to avoid a dual agency situation, it is prudent to work only with an exclusive buyer agent who always works as one and whose agency does nothing else but buyer agency.
When you make the decision to work with a traditional agent who shows you properties, does follow-up and, eventually, writes up your offer, the relationship that you have with that agent is as a customer. This means that you really have no legal relationship at all. As a customer, you cannot expect that agent to provide you with the duties of loyalty, confidentiality and exclusivity. He or she owes those things to the seller of every house you walk into.
When you work under contract with a buyer agent, you are not a customer, but, rather a client. This means that you should and must expect the agent to have a fiduciary responsibility to you. That includes duties such as loyalty, confidentiality and exclusivity. These duties are of a professional who must always put your best interests first. An exclusive buyer broker is an advocate for you. As an advocate he/she is not expected to say things to other brokers, or to anyone for that matter, that would be negative or harmful to you in any way.
By way of illustration:
You have a contractual relationship with an exclusive buyer agent. In your previous discussions you have told him that you wish to spend not more than $500,000 on a home; however, he knows that you actually qualify for $600,000.
You put an offer on a home for $500,000. The listing broker asks your buyer agent how much you can actually spend. Your buyer agent does not betray the fact that you can spend more than $500,000 in that conversation.
In the same situation but with a traditional agent:
You put an offer on a home for $500,000. The listing broker asks your traditional agent how much you can actually spend. That agent is duty-bound to tell the listing broker that you can spend up to $600,000 because he, like the listing broker, is working for the seller of the property even though they have never met.
In a Broker?
There has long been a belief that people choose attorneys who are similar to themselves in a number of ways. This tradition seems to also transfer to how home buyers ally themselves with real estate agents. Because the home buying process can be lengthy and stressful, you may want to work with a broker who shares some of your own personality traits. These might include: being detail oriented, low key or fast paced, shirt-sleeved and basic or high tech and desirous of someone who is tech savvy enough to communicate with you in a way in which you are accustomed.
Other requirements for a good broker to work with are more generic, but extremely important. Some of these are:
--Good buyer/client references;
--Familiarity with the area that you are looking in;
--Ability to provide you with a link into the MLS;
-- Exclusive representation. Complete loyalty without conflicts
of interest;-- Confidentiality concerning your money and motivation;
-- Unbiased showing of all available homes whether listed with a
brokerage oroffered by for-sale-by-owners;
-- A thoroughness about properties, including pointing out flaws that no conventional
agent would point out;
-- A fair and straightforward buyer agency agreement;
-- Assistance in determining if a property is overpriced, advice about offering less
than the asking price;
-- Help in finding a good home inspector, lender, and an attorney.
Throughout this book I have asterisked (*) sentences regarding the ability of brokers to recommend the services of others. A traditional real estate broker has no obligation to recommend professionals to you. Because of this, you will most often find that they will recommend three or more professionals (bankers, attorneys, and, especially home inspectors) because they have and want no liability to the recommendation of one.
A buyer broker, on the other hand, does have a liability to recommend the services of the best professionals possible. This is part of why you are hiring a broker, for a professional opinion. When you ask for advice on professionals to help you with your home transaction, do you really want three choices? How will you know which one to use? When you ask for help with these issues, you need answers. Only a Buyer Broker can give you a direct recommendation.
a Buyer Agent to
Negotiate a Lower Price?
This is a very important question and one worth addressing. Since the commission for a broker is a percentage
of the total price why would a buyer agent even try to get a low price for her client?The answer is clear. An exclusive buyer agent does not carry property listings. Because of this fact, the entire business hinges on home buyer representation. A career is not made from one client and one commission, but
from many clients. An exclusive buyer agent would not have much of a business without first having cultivated and maintained a good reputation as a buyer advocate, and the only way to achieve that is by doing the best job possible for everyone you work with.Just as an attorney works hard to win cases for clients, a buyer advocate must also build and keep a good track record in a business that is often referral driven.
Having an Exclusive Buyer Agent
Involved in a Transaction?
These days, many listing agents prefer to have their listings sold by an exclusive buyer agent and there are
some very good reasons for this.Since an exclusive buyer agent is almost always a full-time
professional, the listing broker knows that the buyers will have been counseled, prepared and are better able to proceed with the purchase. It is, in fact, better for the seller and seller agent to work with buyers who are realistic and well advised, providing a greater chance that the transaction will run smoothly.Another benefit to the listing agent and seller is that there is
limited liability to them knowing that the buyers are represented by a buyer agent. In this situation, all parties know who represents whom and there is substantially less legal exposure to the sellers and listing agents than there is when a seller agent is working with buyers.The home inspector can be more at ease in a situation of
working for buyers who are represented by a buyer agent. In cases where the buyers are working with a seller agent, the inspector walks a fine line in his communication with the agent since he knows that she works for the seller, not those buyers. If he fails the house, he probably will not get any more business from that agent. The situation between seller agents and home inspectors has always been one ridden with conflict of interest issues. That is why the rules have changed, disallowing real estate agents to recommend a home inspector. Only a buyer agent can recommend a home inspector to you.When an exclusive buyer agent is involved, even if the inspector reveals things which cause the buyers to get out of the transaction, that is the appropriate outcome for the
client. They will simply move on to another property and still use the same home inspector since he has a proven track record.Clearly, the inclusion of a buyer agent in a real estate
transaction can prove to be a winning situation for everyone involved.
The Mandatory Agency Disclosure Form
There has long been confusion about real estate agency. Many people believe that the realtor who is setting up appointments and showing them houses is working for them as their agent. Most of time, this is not true. To clarify the issue, Massachusetts has made it mandatory for every real estate agent to have the state agency disclosure form signed by all potential buyers. It must be presented and signed prior to showing properties.
Exhibit C
MASSACHUSETTS BOARD OF REGISTRATION OF REAL ESTATE BROKERS AND SALESPERSONS
MANDATORY AGENCY DISCLOSURE - AGENCY RELATIONSHIP
The purpose of this disclosure is to enable you to make informed choices before working with a real estate licensee. It must be provided at the first personal meeting that you have with an agent to discuss a specific property. THIS IS NOT A CONTRACT. It is a disclosure notice for your information and protection. BE SURE TO READ THE DESCRIPTIONS OF THE DIFFERENT TYPES OF AGENCY REPRESENTATION ON THE OTHER SIDE OF THIS DISCLOSURE.
CONSUMER INFORMATION
1. Whether you are the buyer or the seller you can choose to have the advice, assistance and representation of your own agent. Do not assume that a broker is acting on your behalf unless you have contracted with that broker to represent you.
2. All real estate licensees must, by law, present properties honestly and accurately.
3. If you are a seller you may authorize your agent to cooperate with agents from other firms to help sell your property. These cooperating agents may be subagents who work for the seller or buyers' agents.
4. If you are the buyer you have the option of working with sellers' or buyers' agents. This decision will depend on the types of services you want from a real estate agent. A buyer should tell sellers' agents, including subagents, only what he/she would tell the seller directly.
CONSUMER RESPONSIBILITY
The duties of a real estate licensee do not relieve the consumer of the responsibility to protect his/her own interest. Consumers with questions on whether and how estate agents share fees should pose them to the agent. If you need advice for legal, tax, insurance or other matters it is your responsibility to consult a professional in those areas.
__________________________________________________________________________________________
ACKNOWLEDGEMENT
I have provided this disclosure form to ___________________________________________________________
I have informed the above named consumer that I am a: (check one)
___ Seller's Agent ___ Buyer's Agent
_________________________________________________ ______________ ________ ________, 20___
(Signature of Real Estate Agent) (License Number) (Month) (Day) (Year)
I have read this agency disclosure form IN ITS ENTIRETY ON BOTH SIDES. I understand that this form is for agency disclosure AND NOT A CONTRACT. It was provided to me by the agent named above.
__________________________________________________ ______ ____, 20___ Check Here: __ Buyer
(Signature of Consumer) (Month) (Day) (Year) ___ Seller
___ As a consumer I decline to sign this form.
________________________________________________________________________________________
(PRINT NAME OF CONSUMER AND REASON, IF ANY)
The reverse side of the page:
TYPES OF AGENCY REPRESENTATION
SELLER'S AGENT
When a seller engages the services of a listing broker, that seller becomes the broker's client. This means the broker, and his/her subagents represent the seller. They owe the seller undivided loyalty, utmost care, disclosure, obedience to lawful instruction, confidentiality and accountability. They must put the seller's interest first and negotiate for the best price and terms for their client, the seller. (The seller may also authorize subagents to represent him/her in marketing the property to buyers).
BUYER'S AGENT
When a buyer engages the services of a broker then that buyer becomes the broker's client. This means the broker represents the buyer. The broker owes the buyer undivided loyalty, utmost care, disclosure, obedience to lawful instruction, confidentiality and accountability. The broker must put the buyer's interest first and negotiate for the best price and terms for his/her client, the buyer. (The buyer may also authorize subagents to represent him/her in locating property.)
DISCLOSED DUAL AGENT
A broker can work for both the buyer and the seller on the same property provided such broker obtains the informed consent of both parties. The broker is then considered a disclosed dual agent. This broker owes the seller and the buyer a duty to deal with them fairly and honestly. In this type of agency relationship the broker does not represent either the seller or buyer exclusively and they cannot expect the broker's undivided loyalty. Also, undisclosed dual agency is illegal.
Styles
The study of architecture is a fascinating subject. A glance at the evolution of structures, materials used, as well as the variations from ornamental to practical can reveal a great deal about people and culture. The dwellings we choose to inhabit speak volumes about who we are and where we would like to be headed.
In this section, I chose to limit the styles of homes to those that we actually see and purchase for life in New England.

The Cape Cod is one of America's oldest house styles. It was a popular style through the 1840s and later experienced a revival when mass production techniques allowed builders to fill developments with capes after World War II.
The cape is usually symmetrical in design. The roof is a steep gable type covered with shingles. Originally, capes were small in scale. Now, there are many large capes with additional wings and dormers to increase their useable space.
New England Colonial
The colonial is the most popular architectural style in the United States. It was developed in the 18th century which is considered the "Colonial" period.
The original colonials were symmetrical with four equal sized rooms on the first floor and four rooms above. The basic colonial still has two windows on either side of a central doorway and five windows across the second floor.
The floor plan for the standard colonial is a central hall with stairs, a living room to the left that is two rooms deep, a dining room on the opposite side with the kitchen behind it. All bedrooms are located upstairs.

Colonial With Hip Roof, Portico and Palladian Window
The portico is the covered, balconied entrance with columns on either side. Porticos were taken from Greek architecture and were characteristic of the Georgian houses that were fashionable in the English colonies throughout most of the 18th Century.
The Palladian window is named for Andrea Palladio, a Renaissance Italian architect whose work revolutionized Western architecture. The modern look of this style encompasses a triple window effect with a circle head window above.
The gambrel has a ridged roof with two slopes on each side, the lower slope having the steeper pitch. The shape of the structure allows for a maximum of attic storage while still providing a weather tight roof. Because of the efficiency of storage the gambrel roof is often found on agricultural buildings as well as residential.
The gambrel is thought to be attributable to the Dutch since Dutch colonials have a similar roof style.
