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User Expectations
User expectations of the data accuracy at Zillow and Trulia should be adjusted by these facts found on the following blog:
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Your opportunity to guide the House of Representatives
You elect and pay taxes to support your representatives. When needed you should help them to choose the proper direction of their choices. Send a message at this link:
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Send a message to your Senator
Your Senator works for the tax payer. Use this link to give direction to your employee in the Senate of the United States.
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Does Fannie or Freddie own your mortgage
Unlike conventional short sales, a HAFA short sale completely releases you from your mortgage debt after selling the property. This means you will no longer be responsible for the amount that falls "short" of the amount you still owe. The deficiency is guaranteed to be waived by the servicer. HAFA has a less negative effect on your credit score than foreclosure or conventional short sales
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Around the clock Foreclosure Counselor
You can call 888-995-HOPE (4673), 24 hours a day, 7 days a week, 365 days a year, to immediately speak to an expert advisor in over 160 languages. Calls are answered within seconds. This valuable, around-the-clock service is available completely free of charge.
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Zillow has Pre Foreclosure Listings
The link is for the foreclosure center. Click on the filter button to chose what status you are searching for.
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3.8% Transfer Tax?
On March 30, 2010, the Health Care and Education Reconciliation Act of 2010 was signed into law. One of the provisions of this second component of the health care reform law that has received much attention is the creation of a 3.8 percent tax on investment income—defined as interest,
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Prescreened Offers of Credit and Insurance
Many companies that solicit new credit card accounts and insurance policies use prescreening to identify potential customers for the products they offer. Prescreened offers — sometimes called "preapproved" offers — are based on information in your credit report that indicates you meet criteria set by the offeror. Usually, prescreened solicitations come via mail, but you also may get them in a phone call or in an email
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St. Louis Times Resource Guide
Traditional housing was not designed to accommodate changes due to aging. As we age we can adapt our homes
to make them more supportive. Or, we may choose an alternative housing option that better suits our immediate
and/or projected needs that may arise later in life. Hundreds of available housing alternatives for older adults appear
in greater detail at:
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Prescription Drug Side Effects
You are encouraged to report negative side effects of prescription drugs to the FDA
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Serving Seniors in the Counties of St. Louis, St. Charles
There are several agencies that provide assistance and information to those who are caring for a loved one or just trying to help a neighbor. One of those is the MEAAA.
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Section 8 Housing
When searching for rentals that are accepting section 8 vouchers this
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Welcome to Dwight Puntigan's website.
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Thanks for stopping by! Make yourself at home, and “use” the Website. Try the different tabs and see what is available. If you are looking for something and you don't see it, email me at dpuntiga@charter.net
Buying a home is sometimes a complex undertaking. Hiring me, a real estate professional, will help save you time and money. Together, we will determine your needs and wants and find or sell your home. I promise to make your real estate experience stress-free and agreeable. I possess a wide range of real estate experience and guarantee to find or sell your home in a timely and professional manner. I will make sure that you get the most out of your next real estate transaction by taking advantage of cutting edge technology, products and services.
To take a look at housing information (inventory, pricing, activity, etc) by zip code charted for you go to Charts and Graphs
If you need additional information on short sales, foreclosures, HUD houses or for recommendations as to a lender that suits your needs call me, or email. Additional information such as property taxes, and listing history are also available at your request. I like showing property and would be pleased to assist your search.
Call Dwight Puntigan at 636-219-6242 or email dpuntiga@charter.net
Found In Today's EMail
The following questions and answers are provided by the Missouri Association of Realtors, but are not to be used in lieu of using a lawyer to verify applicability to your situation in your state, county, and township.
Question
Access to garage located on property can only be obtained via neighbor's property. The deed by which owner took title to the property did not specifically mention any recorded easement. An old survey of the property references a 50 ft. easement, but buyer did not obtain specific title insurance coverage for the easement access rights at the time of closing. Were any easement rights conveyed to new buyer?
Answer
If easement rights are “appurtenant” to a property (and most are), they would generally be transferred along to a subsequent buyer (even if those easement rights were not specifically mentioned in the conveyance documents at the time current owner acquired the property). The real question is to determine the exact nature of the easement rights, if any. If they were created by a recorded declaration or public dedication plat, then there should be no problem. It could be, however, that the easement granted was personal to the original property owner, and not intended to be capable of being conveyed or run to the benefit of others. That is perhaps unlikely, but the facts and circumstances of each case must first be determined. The title commitment should establish if there is any sort of written easement document(s) or plats of record. There may also be grounds to argue for an easement by necessity or prescription.
Question
Seller uses a well on a neighbor’s property in exchange for $25 per month. There is no written agreement between the parties. What does a buyer of the seller’s property need to do to have the right to use the well?
Answer
The seller may have nothing more than a license to use the well which can be terminated at any time. The buyer should get a written agreement with the neighbor which gives the buyer the right to use the well in exchange for a fee. A permanent easement would be optimal. An attorney should be consulted to prepare the instrument.
Question
Will foreclosure of a mortgage automatically clear out all liens against a property?
Answer
Not necessarily. If the property being foreclosed is subject to liens which are not subordinate to the deed of trust, such as tax liens or mechanics liens, they will not be cleared from the title following foreclosure. Also, if the deed of trust being foreclosed is a second deed of trust, the property will still be subject to the first deed of trust. Foreclosure on the first mortgage will normally clear the second mortgage, but even here it is important to review the deeds of trust to determine any rights that the parties may have.
Question
Does foreclosure of a mortgage wipe out prior real estate taxes?
Answer
Probably not. Certain items, such as real estate and income tax liens, are granted “super priority” status and are not wiped out (as are other junior encumbrances of record) upon foreclosure of a prior mortgage.
Question
A four-family flat was rehabbed into two (2) separate residences. Seller wants to sell each residence as a condo. Can they be re-classified as condominiums now?
Answer
Probably. Check with the local zoning board and the city administrator for any ordinances that may prohibit seller from converting the multifamily dwelling into condominiums. A condo conversion requires detailed legal documentation, including a plat and declaration. Consult a lawyer for specific advice.
Question
How long must a claimant of real estate hold the property in order to maintain an action for adverse possession?
Answer
Under RSMo. §516.010, 10 years. The legal characteristics which must be proven to have existed for the full 10 years is that the occupancy be (1) actual, (2) hostile, (3) open and notorious, (4) exclusive, and (5) continuous. It is always prudent to consult an attorney when faced with a possible adverse possession claim.
Question
Husband died. Wife wants to sell the house. Can wife legally do this? Agent is not sure if husband had a will.
Answer
Wife does not necessarily have a legal right to sell the house yet. If the house was owned in a tenancy by the entirety (i.e., in the names of husband and wife), it has passed automatically to the wife. If the house was titled in husband's name only, it will pass in accordance with his will. If husband did not leave a will, the property will go through intestate succession. If husband had children, whether with wife or another party, the children may have an interest in the house. Wife should contact an attorney who specializes in these matters to make sure the correct procedure is followed.
Question
Seller did not disclose that there was a small family burial ground on the property. A title commitment was timely delivered to buyer and did contain notice of this fact. The sale has closed. Buyer now claims that he was not informed about the graveyard and that the value of the property is diminished. Did this need to be disclosed and can buyer recover any money?
Answer
The burial site may arguably constitute an “adverse material fact”. For instance, it impacts title to the property and arguably negatively affects the value of the property (e.g., because people may wish - and have the right- to visit the site in the future). However, this condition was presumably obvious, open and apparent to all. Furthermore, the title commitment gave actual notice to buyer of the graveyard on the property. Buyer could have (but did not) object to this fact prior to closing. Buyer waived his right to object and should not be able to recover money on grounds that he was not aware of the graveyard.
Question
Owner is sole owner of a property which includes a private 11-acre lake. Owner is willing to sell 10% of the lake shoreline to buyer, but only if buyer agrees to pay 50% of the maintenance costs for the entire lake. Owner's proposal also includes that the buyer would only have lake access rights via that portion of the property which he is buying that fronts upon the lake (i.e., buyer would not have access to the other 90% of shoreline owned by current owner). Is this permissible under law?
Answer
Given that this is a private lake wholly owned by one individual, the current owner should be able to set the rules unilaterally. Assuming the lake is not already the subject of a prior record plat or other such agreement providing shoreline easements or otherwise, current owner should be able to set the terms for future maintenance costs and respective access rights as he deems fit (subject to requirements of local subdivision authorities).
Question
When is a resale certificate required for a condominium transaction and what rights to terminate does a buyer have?
Answer
With very limited exceptions, a resale certificate must be provided prior to conveying or entering into any contract for the sale of a condominium by the unit owner. The Uniform Condominium Act (which applies to all condominiums created after 9/28/83) details the information required to be provided to a buyer. It also provides that a purchase contract is voidable by the buyer until the certificate is provided and for five days thereafter or until conveyance occurs, whichever occurs first. MAR form CND-2000 may be used for this purpose.
Question
Broker has a client who will still be living in the immediate area following closing. They don’t want to sell to “just anyone” and in particular, want to make sure the new owners don’t bring in a trailer homer or build some other “trashy” type of development. There are apparently no zoning, subdivision or other such restrictions currently encumbering the property. Broker is concerned about advertising and effectively implementing any such types of restrictions. What can be done in this fashion?
Answer
While an owner is generally free to establish the parameters of the terms and conditions upon which it will agree to advertise a property for sale or rent, there may be potential Fair Housing Act (FHA) issues to consider in choosing the exact language of any advertising in this fashion (that might adversely impact or discriminate against one of the “protected classes”). Furthermore, while there is a limited exemption available under the Fair Housing Act (FHA) for an individual private owner who owns less than 4 single family houses at any time (and has not participated as a principal in more than 3 qualifying transactions within the last 12 months), the FHA does apply to any person or entity whose business includes engaging in residential real-estate related transactions (as defined therein, but essentially meaning any brokerage services). The FHA prohibits discrimination in the sale or rental of housing against any person on the basis of (among other things) familial status, sex, race, religion, handicap status. Anything that has a “disparate impact” on a protected class (even if neutral on its face) is potentially subject to challenge. For instance, advertising for “quiet” tenants may appear to be innocuous on its face, but as a practical matter, it is often used as a pretense for other reasons (e.g., a flat out restriction against children is not defensible, unless it is a property that is maintained and operated as a qualifying “housing for older persons” project) and it may raise a “red flag” and be more likely to be challenged. A full copy of the FHA can be found at http://www.justice.gov/crt//about/hce/title8.php . Ultimately, each case must be decided on its own facts (and a private attorney must be consulted for specific advice or opinions in this regard) but if the client intends to insist on a “no kids” policy, broker should not knowingly participate. Nevertheless, the real issue of concern to the owners here may be capable of being addressed by the drafting and recording of a private restriction to encumber the subject property. Of course, a broker is not allowed to “play attorney” and it remains to be a basic duty of any licensee to advise a client that they consult with legal counsel to explain any specific legal rights, obligations, interpretations, options and strategy or to draft customized language (See, e.g., 339.730.1(3)(c) RSMO and Article 11 of the NAR Code of Ethics and Standards of Practice), as these are matters which are beyond the expertise of a broker/non-lawyer. With that stated, given the apparent proximity of the owners “new” home to their “old” home, they presumably would be able to demonstrate a protectable interest in the “old” property, which would support an encumbrance(s) against the use or development of it. Provided those restriction(s) is/are reasonably tailored and don’t purport to last “forever” (and it may be desired or acceptable in this regard that it would be personal to the owners and last only for so long as they live in “new” house perhaps) then there is likely a pretty good chance that such restrictions would be enforceable. Although the law generally “abhors” restrictions on the free alienability of land, certain types of rationally related restrictions (such as those against trailer homes and the like) have been generally upheld as protecting a legitimate interest (the value of nearby properties). Again, private counsel would be required to draft any such language and provide specific guidance on questions as to enforceability after consideration of all the facts and circumstances.
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