Calculating Closing Costs

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Realtor.com quoted me in How Much Are Closing Costs? What Home Buyers and Sellers Can Expect. It reads, in part,

Closing costs are the fees paid to third parties that help facilitate the sale of a home, and they vary widely by location. But as a rule, you can estimate that they typically total 2% to 7% of the home’s purchase price. So on a $250,000 home, your closing costs would amount to anywhere from $5,000 to $17,500. Yep that’s one heck of a wide range. More on that below.

Both buyers and sellers typically pitch in on closing costs, but buyers shoulder the lion’s share of the load (3% to 4% of the home’s price) compared with sellers (1% to 3%). And while some closing costs must be paid before the home is officially sold (e.g., the home inspection fee when the service is rendered), most are paid at the end when you close on the home and the keys exchange hands.

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Why Closing Costs Vary

The reason for the huge disparity in closing costs boils down to the fact that different states and municipalities have different legal requirements—and fees—for the sale of a home.

“If you live in a jurisdiction with high title insurance premiums and property transfer taxes, they can really add up,” says David Reiss, research director at the Center for Urban Business Entrepreneurship at Brooklyn Law School. “New York City, for instance, has something called a mansion tax, which adds a 1% tax to sales that exceed $1 million. And then there are the surprise expenses that can crop up like so-called ‘flip taxes’ that condos charge sellers.”

To estimate your closing costs, plug your numbers into an online closing costs calculator, or ask your Realtor, lender, or mortgage broker for a more accurate estimate. Then, at least three days before closing, the lender is required by federal law to send buyers a closing disclosure that outlines those costs once again. (Meanwhile sellers should receive similar documents from their Realtor outlining their own costs.)

Word to the wise: “Before you close, make sure to review these documents to see if the numbers line up to what you were originally quoted,” says Ameer. Errors can and do creep in, and since you’re already ponying up so much cash, it pays, literally, to eyeball those numbers one last time before the big day.

Co-signing: Smart or Stupid?

1200px-Alice_Sara_Ott_-_Signature

Realtor.com quoted me in Co-signing a Mortgage: Smart or Stupid? It opens,

There’s no doubt about it: Buying a home these days is hard. Even if you’re lucky enough to be a homeowner yourself, that doesn’t mean your kids or assorted loved ones can easily follow in your footsteps—at least, not without help.

One way that “help” can occur for home buyers who don’t qualify for a mortgage? Getting someone else—like you, dear reader—to co-sign. In a nutshell, that means that if they can’t pay their monthly dues, the lender will expect you to cough up the cash instead.

 It’s a noble idea, helping someone buy a home. But also, of course, a scary one. It’s no surprise that many co-signers are parents doing what parents do: putting their own financial well-being aside to help their children move into a home.

But let’s be clear here: The risks are huge. Some of them are obvious, but there are plenty more that you may not have even considered. So if you’re considering co-signing, it’s best you know exactly what you’re getting into, and how to protect your finances in case things don’t go well. Here are the main caveats and considerations to keep in mind.

Identify if your borrowers (and you) are good candidates

We’re not saying co-signing is a terrible idea across the board. There are plenty of legit reasons why those near and dear to you may have trouble getting the loan on their own—say, because they’re self-employed, which makes banks leery. But if your kid can’t get a loan because he just can’t seem to pay his AmEx card on time, well, that’s a different story. Judge your own risk accordingly.

Co-signers should also consider whether they’re good candidates to be taking on more financial commitments. Generally, you should consider co-signing only if you meet a few requirements. For example, “You own your home free and clear and don’t require much credit or have a need for it,” says Mary Anne Daly, senior mortgage adviser with San Francisco–based Sindeo.

Consider the pitfalls

If your borrower has a less-than-stellar history of paying back creditors or holding down a job, proceed with caution. Extreme caution.

“Unfortunately, I’ve seen parents dig further into their savings to pay the mortgage when their child can’t make the payment,” says Ryan Halset, a Realtor® with Seattle-based Boardwalk Real Estate. And if you can’t pay, it will tarnish your credit history and future odds of borrowing money.

“Your chance of getting a loan yourself in the future could be in jeopardy,” says Janine Acquafredda, an associate broker with Brooklyn-based House N Key Realty. “Not to mention the risk of ruining relationships if things go sour.” But maybe that last part’s a given.

Think like a lender

Hard as it might be, try to keep your personal relationship with the home buyer from coloring your decision. Even if it’s your child or a longtime pal, it shouldn’t (entirely) trump the warning signs.

“Before you commit, think like a lender and look at the borrower’s income, work history, and existing debt to determine if the borrower is worthy and not a potential liability to your good credit,” says Frank Tarala, owner of Sterling Heights, MI–based Principal Brokers Network.

Saying no may be tough, but it could save you tons of heartache down the road. David Reiss, professor of law and academic program director for the Center for Urban Business Entrepreneurship, recounts a situation where parents stepped in as co-signers just before the financial crisis hit. The home’s value plunged by more than half. The borrower then left the area—and his home—in search of a new gig and couldn’t make both the mortgage payments and the rent on his new apartment.

“The parents, retirees living on a modest pension in their own home, found themselves dealing with the default of their son’s mortgage with no financial resources available as a buffer,” Reiss says. “This situation has devolved into a nightmare of defaults and attempted short sales with no end in sight.”

HOA Crybabies

by Brandon Baunach

Realtor.com quoted me in Neighbor Files Noise Complaint With HOA for Crying Baby. It opens,

People file noise complaints against neighbors for all kinds of reasons, from dogs that won’t stop barking to partiers who won’t stop blasting Britney Spears. (Britney? Really?) Yet recently intrabuilding warfare—and a resulting official noise complaint—was lodged against a far more dubious target: a baby. A crying baby, to be exact.

The conflict escalated when condo owners Jessica and Karl Ronnevik in Greensboro, CT, learned just how much impact their 1-year-old son’s bawling was having on their next-door neighbor, via the following passive-aggressive (emphasis on aggressive) note.

“Please consider buying a parenting book or consult with a child care expert,” the missive read, according to local news channel Fox 8. “Your baby should not be crying that loudly and for that long. Try more calming techniques, music, turn on a vacuum, rocking chair, go for a walk … anything!”

File that under “helpful, not.” A parenting book! Some really out-of-the-box thinking there, neighbor! If only more parents knew about those, there would surely be no crying babies, ever. The note goes on to say, “If you don’t make changes immediately, you risk being fined by [the homeowners’] association.”

And apparently, the HOA isn’t keen on crying babies, either: A previous noise complaint by this neighbor, in December, spurred the HOA to send the Ronneviks a warning to shut their kid up—or pay a penalty.

The frazzled parents told Fox they’re doing their best to keep their son, Peter, quiet, but come on—kids cry. They contend that their son squalls no more than any other 1-year-old. The couple is also expecting a second child soon. So they caved and decided to move.

“I don’t feel comfortable living here, knowing that our neighbor is so intolerant,” Jessica Ronnevik told Fox. “It makes me feel like we have been bullied in our own home.”

So Fox asked this neighbor for further comment (he’d left his name on the note but preferred to not be identified in the press).

“I stand by the note and its contents,” his statement read. “Any excessively loud noise that interferes with the rights of neighbors is subject to possible fines, as indicated in section 4 of the HOA Rules & Regulations.”

Which got us wondering: Is this ruffled neighbor right? The experts we spoke to say no.

“The Fair Housing Act generally prohibits discrimination on the basis of familial status by housing providers,” says David Reiss, research director at the Center for Urban Business Entrepreneurship at Brooklyn Law School. This is also true for common interest communities such as those under the mandates of HOAs. “So, if a CIC discriminated against a family with children by unreasonably requiring that infants only cry softly or not at all, it could run afoul of the FHA.”

In other words, the Ronneviks could have had a decent case to stay put and let Peter cry to his heart’s content.

“Households that believe they have been discriminated against can file a complaint with state and federal regulators or consult with an attorney,” Reiss continues. “The CIC could face lawsuits which could lead to judgments where they pay damages.”

Brooklyn: Sky’s the Limit

Brooklyn Law School’s Center for Urban Business Entrepreneurship is hosting a Networking Reception with Panel Discussion to Follow on April 12th from 6 to 8:30 pm. The panel discussion is entitled, Brooklyn: Sky’s the Limit:

The Borough of brownstones and warehouses continues to emerge as a global powerhouse with a skyline that may soon rival that of the Manhattan. From the world’s largest roof farm to drone design and launch, to dynamic architectural environments in which Brooklyners live, work, and play, the Borough is taking its place as one of the most innovative and entrepreneurial urban areas in the world. The numerous ventures driving these and other pioneering efforts in Brooklyn are raising novel legal, policy, business, and societal issues that generate opportunities for growth along with some growing pains.

Join Brooklyn Law School and the Center for Urban Business Entrepreneurship (CUBE) for a lively panel discussion that explores these phenomena and their impact on the lives, environment, and flourishing businesses of the Borough and its growing and diverse population.

Introductory Comments
Kathleen D. Warner ’92, Executive Vice President and Managing Director, NYC Economic Development Corporation’s Center for Economic Transformation

Panelists
David Ehrenberg, The Brooklyn Navy Yard – President and CEO
Jonathan Marvel, Marvel Architects – Principal
Ron Shiffman, Pratt Institute for Community and Environment Development – Co-founder
Todd Sigaty, SHoP Architects – Director of Legal Affairs and Sotheby’s Institute of Art – Lecturer
Brian Streem, Aerobo drone developers – Co-founder and CEO
Lee Wellington ’13, Urban Manufacturing Alliance, Executive Director

Moderator

Brian August, 110 Stories – Founder and CEO

This event will be preceded (from 4 to 6) by the CUBE Shark Tank, also known as the CUBE Innovators Competition:

Come experience the Third Annual CUBE Innovators Competition, where Brooklyn Law School students will compete for a small amount of funding for projects and ventures that they will pitch to the audience and an impressive panel of judges. This event is being sponsored by CUBE and Levi & Korsinsky, LLP.

Judges
Tom Chernaik, CEO, Command Post
Mary Juetten, CEO and Founder, Traklight
Eduard Korsinsky ’95, Founding Partner, Levi & Korsinsky, LLP
Charlie O’Donnell, Partner and Founder, Brooklyn Bridge Venture
Basha Rubin, CEO and Founder, Priori Legal
Marshall Silverman ‘74, President and CEO, Silverman Studio Group

Learn more about CUBE.

High and Low Property Taxes

photo by JRPG

Newsmax quoted me in Lowest Property Tax Is Hawaii and the Highest Is New Jersey. It reads, in part,

The average American household spends $2,089 on real estate property taxes each year and residents of the 27 states with vehicle property taxes shell out another $423, according to the National Tax Lien Association.

However, some states cost more than others when it comes to the American Dream and its staples of a house and car.

“Different parts of the country have different levels of taxation and amenities paid for by the tax receipts,” said David Reiss, professor of law and research director with the Center for Urban Business Entrepreneurship at Brooklyn Law School.

The state with the lowest real estate property taxes is Hawaii where residents pay only $482 per household, which is the least average amount typically shelled out by a taxpayer, according to a 2016 WalletHub study, ranking states with the highest and lowest property taxes.

“High property taxes tend to be correlated with high income and high income tends to be correlated with Blue States, so it is not surprising that high property taxes are correlated with Blue States,” Reiss said.

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“Local property taxes can help pay for all sorts of municipal services, including schools, road maintenance and emergency services,” Reiss said.

Alabama, Louisiana and Delaware, D.C. and South Carolina follow Hawaii among the states with the lowest property taxes.

High tax localities, such as Westchester County in New York, could have annual taxes that easily are in the tens of thousands of dollars a year range but such areas also have some of the best schools in the nation.

The WalletHub report further found that in Blue states, real estate property taxes are 39% higher at $2,250 a year than homeowners in Red states who pay $1,613.

The yearly burden weighs far more heavily on taxpayers in some states than in others based on region.

For example, communities in the Northeast typically have higher property taxes than many of those in the rest of the country.

“Monthly mortgage payments are usually much higher than monthly real property tax payments, measuring in the high hundreds in low-cost metros like Pittsburgh to the thousands in a high-cost metro like San Francisco so it is hard to put default rates squarely on the shoulders of real property taxes,” said Reiss.

Party at Your Place?

photo by Devin Ewart

Realtor.com quoted me in Moved Out? Watch Out, Teens May Be Partying in Your Old Home. It opens,

Teenagers are always on the lookout for a house party—and there’s nothing better than a venue where it’s all but guaranteed that nobody’s parents will barge in and disrupt all their risky business: vacant homes!

That’s right, if you’ve moved out and planted a “for sale” sign on your lawn—or are waiting to move into a place under construction—it’s a sitting duck for young revelers to … revel in.

The latest victim of this fast-growing trend: a newly built home in El Dorado Hills, CA, where nearly 200 kids broke in and had a bacchanal before they were busted by the cops. According to the Sacramento Bee, most of the partygoers scattered to safety, but 14 were detained and cited for trespassing.

Sadly, by the time law enforcement arrived, the house had suffered enough damage to qualify as a felony. Cops noted numerous holes in walls, busted electronics, and other property devastation in the house (estimated to be worth around $500,000).

And this is hardly an isolated incident: Last month, a teen in nearby Ceres, CA, pulled up a “for sale” sign from the yard of an unoccupied house, then spread the word on social media to come on down—BYOB and BYOW (bring your own weed)—charging $10 a head for the 100 or so who showed up. The noise prompted neighbors to eventually call the cops, who suspect the “host” has made a habit of organizing fetes in abandoned homes.

All in all, such stories can haunt the dreams of homeowners who’ve moved out or are about to move in: Are hooligans holding beer pong tournaments in your abandoned (or soon to be occupied) living room every Saturday night? And if they do crack your granite countertops, who’s responsible for the damage?

The answer depends on your homeowner insurance, which rarely covers policyowners who aren’t living on the premises.

“Many homeowner policies won’t cover a home if it’s vacant,” warns David Reiss, research director at the Center for Urban Business Entrepreneurship at Brooklyn Law School. Funny right? But here’s the punch line: “Homeowners should also be concerned about injuries suffered by the teens. It is all too plausible that you will face a lawsuit if one of them gets hurt while partying at the house. This is true notwithstanding the fact that the teens had trespassed.”

In other words, if some drunk punk stumbles and falls off your balcony and lands on his noggin, it might be all on you.

Yet there are things you can do to head this problem off at the pass.

“Some insurance companies offer endorsements to your existing policy or altogether new insurance policies that cover vacant homes,” points out Reiss. “Some even offer special coverage for vandalism damages. It’s worth looking into them if your home will be vacant, even for a relatively short time.”