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S   Guide.
S         Page 1: Choosing a Real Estate Agent
          Page 2: The Lender
          Page 3: Home Seller’s Process
          Page 4: What is Escrow
          Page 5: Escrow Process
          Page 6: Escrow Q&A
          Page 7: Escrow Q&A - Continued
          Page 8: Life of an Escrow
          Page 9: Title Insurance Process
          Page 10: Holding Title
          Page 11: Payment Procedure
          Page 12: Seller’s Cost Sheet
          Page 13: 7 Tips before Selling your Home
                                                               Home Buyers
                                                              Table of Content                                                       Guide
                                                                                                                         Page 14: 15 Home Selling tips
                                                                                                                         Page 15: 15 Home Selling tips - Continued
                                                                                                                         Page 16: Presenting your home
                                                                                                                         Page 17: Maintenance and Repair
                                                                                                                         Page 18: Moving and Packing Tips
                                                                                                                         Page 19: Moving Checklist

                                                                                                                         Page 20 & 21: Glossary
                                                                                                                         Personal Notes




CalCounties TitleNation Company - is a registered trademark of CalCounties TitleNation Company. All Rights Reserved ©
All information contained in this book is for informational purposes and is not intended to offer advice - legal, financial or otherwise - about specific situations or problems. This information is a general guideline only, consumers are
urged to consult legal councel regarding their rights and responsibilities under state and federal law. The information contained is deemd reliable but not guaranteed.
Home Seller’s Guide
Choosing A - ReAl estAte Agent




                                                                              Choosing A - ReAl estAte Agent
Listing your home with a qualified agent can make all the difference in the
world when it comes to selling your home. Selling a home is a lot of work,
therefore having an agent is very helpful.

Here are a few reasons why you should use an agent when selling your home:

-> An agent will assist you with negotiations with the buyer

-> An agent know the market and can help you set a reasonable price

-> An agent has better resources for locating buyers and
   information on recent sale prices of homes around you

-> An agent has a broader range of advertising options                        01
-> An agent can screen for buyers who are financially able to
   purchase your home

-> An agent will save you time!
Home Seller’s Guide
the lendeR

There are many advantages of working with a reliable, professional lender.
Some of their very importat services are as follows:

Pre-Qualification of all Prospective Buyers:
Your lending professional should pre-qualify each potential buyer to ensure
that they are sufficiently qualified by thorough examination of their credit
status and current financial situation. This is extremely important to
eliminate wasted time negotiating with unqualified buyers.

Ability to find the right Loan at Competitive Prices:
A reliable lending professional will shop for the best loan and the best




                                                                                the lendeR
possible price. This affords the borrower the freedom to select the loan best
suited for their needs at the best pricing, without having to shop all over
town.

Efficient Follow-up and Teamwork:
Once the transaction has been negotiated, the lender works hand in hand
with the other support team members to ensure that the loan is approved
and funded in a timely manner. They locate and handle any unforeseen
                                                                                 02
situations before it becomes a problem, and keeps you informed of all
 important details along the way.



  A Good Lender will Handle Potential Buyers with
            Care and Confidentiality!
Home Seller’s Guide
home selleR’s PRoCess

  Home Seller’s

     Chose Realtor    List your Home      Schedule an open          Review Offers          Accept Purchase
                                          House                                            Agreement




                                                                                                             home selleR’s PRoCess
  Open Escrow
     Chose Escrow    Deposit Ernest    Seller’s Transfer     Preliminary            Secure Lender
     and Title       Money             Disclosure            Title report
     Company                           Statement

     Begin Loan      Property          Property              Purchase               Loan Approval
     Process         Inspection        Appraisal             Home Owners
                                                             Insurance                                       03
     Remove
     Financial
     Contigencies




  Closing Escrow
     Deposit         Sign Closing      Loan Funding          Record                 Escrow Closed
     Balance of      and Loan Paper                          Documents
     Down Payment    Work
     to Escrow
Home Seller’s Guide
WhAt is - esCRoW

Escrow is a way of transferring or exchanging property and/or money using a
neutral third party. In many jurisdictions, escrow agents constitute a distinct
profession with its own training and accreditation requirements. In other
jurisdictions, such as Canada, escrow functions may be performed by attorneys.
In either case, the escrow process is covered by significant regulation and
protection through the use of licensing and/or bonding.

Escrow is most commonly associated with real estate transactions. When a home
or property changes hands, the seller of the property transfers the property title
to the escrow agent. Similarly, the buyer either transfers funds or has a bank
transfer mortgage proceeds to the escrow agent. When all conditions of the




                                                                                     WhAt is - esCRoW
purchase agreement are met, the escrow agent assigns the property title to the
purchaser and distributes the funds to the seller.

An escrow is created when money and/or documents are deposited with the
escrow agent. The escrow agent’s authority is strictly governed by written
instructions, mutually agreed upon by the parties involved. The instructions
direct the escrow holder to perform duties necessary to complete the
transaction. A few of the tasks which may be required are:

       -> Receive and deposit earnest money
       -> Order information for payoff of existing liens
                                                                                     04
       -> Calculate and/or prorate taxes, liens, interest, rents, and
           insurance policies
       -> Make arrangements for title insurance protection for the
           buyer and lender
       -> Prepare and/or receive documents relating to the escrow
       -> Request and receive funding from new lender when conditions have
           been satisfied
       -> Arrange for recording of the conveyance documents and any other
          legal instruments required to transfer title to the property pursuant
           to the terms of the purchase agreement
       -> Close the escrow and disburse funds as agreed upon in the
          instructions
       -> Prepare a closing statement for the parties showing disposition of
          funds
Home Seller’s Guide
esCRoW PRoCess

What Information is Needed?
Confidential Statement of Identity Because many people have the same name, the
statement of identity is used to identify the specific person in the transaction by
determining date of birth, social security number, etc. The statement form is
necessary and the information is kept confidential.

Provide the escrow holder with the name, address and phone number of your lender
as soon as possible after opening escrow.

Hazard/Fire Information If you are purchasing a single family, detached home, or in




                                                                                              esCRoW PRoCess
some cases, a town home, be sure to order your fire/hazard insurance once your loan
has been approved. You should immediately begin looking for an insurance agent;
not all companies can write fire hazard insurance. Call your escrow holder with the
insurance agent’s name and phone number so that he/she can make sure the policy
complies with your lender’s requirements. You must have your insurance in place
before the lender will fund money to the title company.

Holding Title Page 10 shows common ways of holding title to help you understand
the criteria for determining how you wish to hold title to your home. The escrow
holder will need this information in order to prepare the grant deed, and your lender
will need this information to prepare loan documents. We suggest you consult an
attorney, tax consultant, or other qualified title professional before you decide.
                                                                                              05
What is Close of Escrow?
The close of escrow signifies legal transfer of title from the seller to the buyer.
Approximately three days before the scheduled close of escrow date, the loan
documents are executed by the buyer. The new lender takes 24 to 72 hours to review
the final executed documents and then wires the loan funds to the title company.
Escrow collects the remainder of the buyer’s down payment and closing costs. When
loan funds are wired, the file is then set up to record (a legal transfer of title from the
seller to the buyer). The escrow holder then handles all final accounting, issuance of
official closing statements and disbursement of any remaining proceeds to all
parties.
Home Seller’s Guide
esCRoW - Q&A

Q) How do I Open an Escrow?
A) Generally the buyer’s Real Estate Agent will open the escrow. As soon as you execute the
purchase agreement, the selling agent will place the buyer’s initial deposit, if any, into the
escrow account or into the Real Estate Broker’s trust account.

Q) What Information will I Need to Provide?
A) You will be asked to complete a Statement of Identity (SI) as part of the necessary
paperwork. Because many people have the same name, the SI is used to correctly identify
the specific person in the transaction through such information as date of birth, social secu-
rity number, previous addresses, etc. This information is kept confidential and is required to
provide title insurance.

Q) What do I Need to do Before my Appointment to Sign Escrow Papers?




                                                                                                   esCRoW - Q&A
A) All parties signing the documents must bring proper identification: either a valid driver’s
license, identification card, or current passport. This is needed to verify your identity by the
notary public. It is routine, but necessary step, for your protection.

Q) When and Where do I Sign Escrow Instructions?
A) Your Escrow Officer or Real Estate Agent will contact you to make the appointment for
you to sign your escrow instructions, Grant Deed and final papers. At this time, the Escrow
Officer will also tell you the approximate amount of proceeds you will receive for the sale of
your home.
                                                                                                   06
Q) What’s the Next Step after I’ve Signed the Closing Escrow Papers?
A) After both parties have signed all the necessary instructions and documents, the Escrow
Officer will return the buyer’s loan documents to the lender for a final review. This review
usually occurs within a few days of execution of the documents. After the review is
completed the lender is ready to fund the buyer’s loan and inform the Escrow Officer.

Q) How Long is an Escrow?
A) The length of an escrow is determined by the terms of the purchase agreement and can
range from a few days to several months. An escrow often averages 30 to 45 days.

Q) What is an Escrow Closing?
A) An Escrow closing is the culmination of the transaction. It signifies legal transfer of title
from the seller to the buyer. Generally the Grant Deed and Deed of Trust are recorded within
one working day of the escrow holder’s receipt of loan funds. This completes the transaction
and signifies the “close of escrow”. Once all the conditions of the escrow have been satisfied,
the Escrow Officer informs you or your Agent of the date escrow will close and takes care of
the technical and financial details.
Home Seller’s Guide
esCRoW - Q&A Continued

Q) Do I Continue to Pay my Monthly Mortgage Payment?
A) Yes, your mortgage payment(s) must be kept current throughout the course of the
escrow transaction. If the payment(s) are not kept current, the lender(s) can/will assess and
collect late charge(s).

Q) When are my Existing Loans Paid Off?
A) Unless the buyer takes over your existing loan(s) on the property, the loan(s) will be paid
off at the close of Escrow. You will need to furnish complete information to your Escrow




                                                                                                 esCRoW - Q&A Continued
Officer and Real Estate Agent on each loan against your property. Please be prepared to
provide the name of each lender. Your Escrow Officer will need this information to order the
loan payoff demands so the loan(s) may be paid off correctly at the close of Escrow.
Homeowners Association information may also be required if you are selling a
condominium, townhouse or property located in a planned unit development. All of this
information will help to ensure the timely closing of your Escrow.

Q) What are Disclosures and Contigencies?
A) During the process of selling your property, you will be asked to fill out a property
disclosure form which is now required by law. In this document you will inform the buyer
of any significant facts you have about the conditions of the property. If you are moving to
California, other disclosures may be necessary. Your Real Estate Agent or Escrow Officer will
assist you with these.

Q) When and Where do I get my Final Proceeds Check?
A) The proceeds check is disbursed upon close of Escrow, when the Escrow Officer is able
                                                                                                 07
to verify with the county records office that the documents have recorded and legal transfer
has occurred. The proceeds check is usually delivered to your Real Estate Agent.

Q) What Happens to Funds eld in Escrow?
A) In some cases the Escrow company will be instructed to hold funds in escrow to pay-off
obligations which may not have been completed yet, even after the close of Escrow. An
example might be to set aside funds to correct a structural problem, remodeling or termite
repair work. Upon completion of the project and receipt of the proper documentation and/
or releases, the Escrow Officer will disburse the reserved funds to you.
Home Seller’s Guide
       life of An esCRoW



                                Prepare Escrow Instructions and Documentation.

                                                    Obtain Signatures


               Process Financing                                                    Order Title Search

Request Information for    Request Benificiary                                       Review and Receive
                                                                                   Preliminary title Report




                                                                                                              life of An esCRoW
      New Loan                Statement
     Application

Obtain Loan Approval
                          Review Transfer Terms
                          and current Payment
                                                      esCRoW                       Request Demands and
                                                                                  Liens. Review Tax Repor
 and Determine that          Request Loan
  terms are correct         Documentation                                             Receive Demands
                                                                                        and file them


                                                  Review File and Determine all
                                                 Conditions have been Met and
                                                 all Documents are Prepared for
                                                           Signatures                                         08
                  Return Loan                                                      Send Documents to
                  Documents                                                          Title Company
                                          Configure File And Obtain Signatures
                                             for all Remaining Documents

                                                      Obtain Funds from
                                                            Buyer

                                                     Request Loan Funds

                                             Once Funds are Received order
                                                      Recording

                                            Close File. Prepare Statements and
                                                      Disburse Funds

                                                 Complete Escrow Closing and
                                                   Foward files to all Parties
Home Seller’s Guide
             title insuRAnCe - PRoCess


              Most mortgage loans are made by savings and loan associations,
              mortgage companies, savings banks, commercial banks, credit unions, and
              insurance companies. These organizations invest money that belongs to
              their customers or policy holders, therefore they must be concerned with the
              safety of their mortgage investments. This is why a policy of title insurance is
              required by most lenders on most mortgage loans.




                                                                                                                        title insuRAnCe - PRoCess
              The lender’s title insurance policy guarantees the lending institution that
              the person to whom it is making a mortgage loan has title to the real estate
              that is pledged as security. The lender also needs assurance that it has a
              valid and enforceable lien, that no other claimant (other than those
              specifically noted in the policy) has a prior claim.

              CalCounties TitleNation offers competitive rates on lender’s title insurance
              policies, and our escrow and title officers are well acquainted with the
              product and what lenders typically require. CalCounties TitleNation also offers
              your lender a high degree of safety. Be assured that, as always, CalCounties
              TitleNation will make it easy for you.


Title Insurance - Step by Step
                                                                                                                        09
Step 1: Customer Service Verifies Legal Property           Step 8: The New Documents, Demands & Statement of
        Description & How Title to Real Property Is Held            Information Submitted to CalCounties TitleNation.
Step 2: Preliminary Order & Title Search Are Opened        Step 9: Escrow Authorizes Recording of New Documents in
Step 3: Preliminary Search of Real Property Is Done                the Transaction
Step 4: Title Search Examines Real Property Records,       Step 10: Documents Are Recorded, Confirmation of
        General Index Records & Tax Record                           Recording Is Received & Liens of Record Are
Step 5: Examiner Reviews Complete Search Package                     Paid Off
        & Writes Preliminary Report                        Step 11: Title Officer Writes Title Policies
Step 6: Data Processor Enters the Preliminary Title        Step 12: Data Processor Prepares Final Title Policies
        Information into Computer & Prepares Preliminary   Step 13: Title Policies Released to Client
        Report
Step 7: Messenger Service Delivers Prelims to Escrow &
        Lenders
Home Seller’s Guide
      holding title
Tenancy in Common                       Joint Tenancy               Community Property                 Community Property
                                                                                                       with rights of survivorship


Parties -                         Parties -                         Parties -                          Parties -
Any number of persons.            Any number of persons.            Only husband and wife.             Only husband and wife.
(Can be husband & wife)           (Can be husband & wife)

Division -                        Division -                        Division -                         Division -
Ownership can be divided into     Owner interests                   Ownership & managerial inter-      Ownership & managerial inter-
any number of interests, equal    must be equal.                    ests are equal.                    ests are equal.
or unequal.

Title -                           Title -                           Title -                            Title -
Each co-owner has a               There must be unity of title      Title is in the “community.”       Title is in the “community.”Each
separate legal title to his       andtime (created in one docu-     Each interest is separate but      interest is separate but
or her undivided interest.        ment).                            management is unified.             management is unified. Title
                                                                                                       must state community property
                                                                                                       with right to survivorship.

Possession -                      Possession -                      Possession -                       Possession -
Equal rights of                   Equal rights of                   Both co-owners have equl           Both co-owners have equl
possession.                       possession.                       management and control             management and control




                                                                                                                                          holding title
Conveyance -                      Conveyance -                      Conveyance -                       Conveyance -
Each co-owner’s                   by one co-owner                   Written consent of other           Written consent of other
interest may be                   without the others will ter-      spouse is required, and            spouse is required, and
conveyed separately               minate that individual’s joint    separate interest cannot be        separate interest cannot be
by its individual owner.          tenancy.                          conveyed except upon death.        conveyed except upon death.


Purchaser’s -                     Purchaser’s -                     Purchaser -                        Purchaser -
will become a tenant-in           will become a tenant-in           can acquire title from the         can acquire title from the
-common with the other            -common with the other            community with written             community with written
property co-owners.               property co-owners.               consent or joinder of both
                                                                    spouses.
                                                                                                       consent or joinder of both
                                                                                                       spouses.                           10
Death -                           Death -                            Death -                           Death -
On co-owner’s death, his or       On co-owner’s death, his           Upon death of one spouse,         Upon death of one spouse, his
her interest passes by will       or her interest ends and           50%belongs to surviving           or her interest ends and cannot
to that person’s devisees or      cannot be disposed of by           spouse, 50% goes by will to       be disposed of by will. Survivor
heirs. No survivorship right.     will. Survivor(s) own(s) the       descendent’s devisees or by       owns the property 100%.
                                  property.                          succession to surviving spouse.

Successor -                       Successor -                       Successor -                        Successor -
Devisees or heirs become          Last survivor owns                If passing by will, tenancy-       Purchaser can only acquire
tenant-in-common.                 property 100%.                    incommon between                   whole title of community;
                                                                    devisees and survivor results.     cannot acquire a part of it.

Creditor’s -                      Creditor’s -                      Creditor’s -                       Creditor’s -
Co-owner’s interest may           Co-owner’s interest may           Property of community is liable    Property of community is liable
be sold on execution sale         be sold on execution sale         for contracts of either spouse     for contracts of either spouse
to satisfy his or her creditor.   to satisfy his or her creditor.   which were made after marriage     which were made after marriage
The creditor becomes a            The creditor becomes a            and prior to or after Jan. 1,      and prior to or after Jan. 1,
tenant-in-common.                 tenant-in-common.                 1975. Co-owner’s interest can-     1975. Co-owner’s interest can-
                                                                    not be sold separately; whole      not be sold separately; whole
                                                                    property may be sold on execu-     property may be sold on execu-
                                                                    tion to satisfy creditor.          tion to satisfy creditor.

Presumption -                     Presumption -                     Presumption -                      Presumption -
Favored in doubtful               Must be expressly stated.         The legal presumption is           After July 1, 2001, there is no
cases, except in husband          Not favored.                      that property which has            presumption. The code reads
and wife case.                                                      been acquired during the           that deeds must state
                                                                    course of the marriage is          “community property with
                                                                    community property.                the right of survivorship.”
Home Seller’s Guide
PAyment PRoCeduRe

On these pages, you will find the traditional distribution of expenses
associated with a purchase of real estate. However, many of these items can
be negotiated by both parties at the time of the offer, excluding some
expenses required by the lender to be paid specifically by seller.

Buyer Usually pays for:
1. Escrow fees
2. Document preparation (if applicable)
3. Notary fees




                                                                                                PAyment PRoCeduRe
4. Recording charges for all documents in buyer’s name
5. Termite inspection (according to contract)
6. Tax proration (from date of acquisition)
7. Homeowner’s transfer fee
8. All new loan charges (except those required by lender for seller to pay)
9. Interest on new loan from date of funding to 30 days prior to first payment date
10. Assumption/Change of Records fees for take-over of existing loan
11. Beneficiary Statement fee for assumption of existing loan
12. Inspection fees (roofing, property inspection, geological, etc.)
13. Home Warranty (according to contract)
14. Lender’s policy
15. Fire insurance premium for first year

Seller Usually pays for:
1. Real estate commission
                                                                                                11
2. Escrow fees
3. County documentary transfer tax (55 cents per $500 of consideration, exclusive of the
   value of any lien or encumbrances attaching to the property at time of sale)
4. Applicable city transfer/conveyance tax (according to contract)
5. Document preparation fee for deed
6. Any loan fees required by buyer’s lender Payoff of all loans in seller’s name (or existing
   loan balance if being assumed by buyer)
7. Interest accrued to lender being paid off
8. Statement fees, reconveyance fees and any prepayment penalties
9. Termite inspection (according to contract)
10. Termite work (according to contract)
11. Home warranty
12. Any judgments, tax liens, etc., against the seller
13. Tax proration (for any taxes unpaid at time of transfer of title)
14. Any unpaid homeowner’s dues
15. Recording charges to clear all documents of record against seller
16. Any bonds or assessments (according to contract)
17. Any and all delinquent taxes
18. Notary fees - escrow fee
19. Title insurance premium: Owner’s policy
Home Seller’s Guide
selleR’s Cost sheet


Sales Price: ................................................       $______________________________
Est. Balance 1st Loan: .............................                $______________________________
Interest: ......................................................    $______________________________
Prepayment Penalty: ...............................                 $______________________________
Est. Balance 2nd Loan: ...........................                  $______________________________




                                                                                                      selleR’s Cost sheet
Interest: ......................................................    $______________________________
Prepayment Penalty: ...............................                 $______________________________
Termite Inspection (+ repairs if any): .                            $______________________________
Recon. Fees: ...............................................        $______________________________
Drawing, Recording & Notary Fees: .....                             $______________________________
Document Preparation Fees: .................                        $______________________________
Homeowners Assoc. Dues (if any): .......                            $______________________________
                                                                                                      12
Loan Discount Points (if any): ..............                       $______________________________
Buyer’s Closing Cost (if any): ................                     $______________________________
Taxes: ..........................................................   $______________________________
Selling Commission: ................................                $______________________________
Miscellaneous: ..........................................           $______________________________
Total Charges: ...........................................          $______________________________
Est. Total Net: ...........................................         $______________________________




                                                                                     $
Home Seller’s Guide
7 tiPs befoRe selling youR home

Some vital steps need to be taken before selling a home. These steps save
you time and money as well as eliminating the rush of doing things last
minute. Here are 7 tips you can use to help you prepare before you sell




                                                                                              7 tiPs befoRe selling youR home
your home.

1. Get Pre-Approval for a New Home Loan.
Before selling you should get pre-approved for a home loan on your new home you will
be moving into.


2. Contact CalCounties TitleNation Company for Comparable Sales.
Getting comparable sales in your area for your home is vital to gaining the most market
value out of your home when selling.

3. Estimate your Selling Costs.
- Real estate commission if you use an agent to sell.
- Advertising costs, such as signs and other fees if you plan to sell your home on your
  own.
- Attorney, closing agent and other professional fees.
- Excise tax for the sale.
- Prorated costs for your share of annual expenses taxes, home owner association fees,
  and fuel tank rentals.
- Any other fees typically paid by the seller in your area (surveys, inspections, etc.).
                                                                                              13
4. Estimate your New Home Costs.
Estimate the costs of your new homes down payment, moving costs, association fees,
utilities, taxes etc.

5. Create a Moving Plan Ahead of Time.
This can save you time when arranging your items to be moved. On page 18 you will find
10 tips that can help you get ready to move to a new home.

6. Market your Home.
Whether your selling as a For Sale By Owner or through a real estate agent, it is vital you
market your home properly. Marketing your home can greatly boost the amount of offers
on your home you will receive.

7. Touch up your Home.
Fixing your faucets, cracks, paint and lighting can help boost the amount you will gain
out of selling your home. The more appeal your house has to the buyer the better
chances you have at selling at maximum market value.
Home Seller’s Guide
15 home listing tiPs


1. Pricing your Home
-> Your agent can research comparable sales in your area and advise you of the appropriate
   price range for your property.

2. Flexibility on Financing
-> Have your agent explain what financing options are available. Flexibility on financing
   terms may secure a better selling price.




                                                                                               15 home listing tiPs
3. Market Timing
-> Ask a real estate professional to determine whether the market cycle is poised to net the
   most money.

4. Property Accessibility for Potential Buyers
-> Lock boxes are a great way to make your home the most accessible to agents for showing.
   Appointment-only showings are the most restrictive. If your lifestyle is not compatible
   with frequent showings, your agent will help you determine a solution to suit your needs.
   Remember, the easier a home is to show, the better the odds are of getting the deal you
   want.

5. Latest Marketing Technology
-> Make sure your agent utilizes the latest technology, such as internet sites that cater to
   home buyers. In some areas, cable access advertising is popular. Others use 800-number
   interactive voice response systems. A good agent will know where you can get the best
                                                                                               14
   exposure.

6. Present your Property Correctly
-> Put some items in storage, create more light, play music, or otherwise improve the
   ambiance. Your agent can offer helpful advice to create the right first impression.

7. Seasonal Property Sale’s
-> Don’t base selling decisions on the season. Property sells year-round.

8. Re-evaluate the Marketing Plan
-> Re-evaluate your agent’s marketing plan every 10 days. Make needed adjustments based
   on the current market and buyers.

9. Analyze Low Offers
-> Eighty percent of all buyer activity comes from signs and MLS listings. So if you aren’t
   getting any offers and are flexible with showing your home, it may be time to re-evaluate
   your price, not necessarily your agent.
Home Seller’s Guide
15 home listing tiPs - Continued


10. First Impressions are Golden
-> Sales have gone south thanks to unkept lawns, cluttered closets, unpainted front doors,
   hard to work locks, blown light bulbs, bad colors, stains, unlit areas and foul smells. Spend




                                                                                                   15 home listing tiPs - Continued
   time on the little things. Double up on your gardening. Keep things cleaner than usual.
   Take serious control of your pets during this time period.

11. Make the Right Kind of Repairs
-> Before making improvements prior to listing, consult a real estate professional. Some
   upgrades will not yield any real increase in value, while others may increase property value
   substantially. Ask for low-cost solutions to minor repairs that will yield the best profits.

12. Give the Sales Process Enough Time
-> Homes may take 3-6 months to sell in any market. Estimate how much time you have
   before you need to sell and then plan ahead to allow extra time. You don’t want to be
   forced to accept a disappointing offer.

13. Screen Prospects Adequately
-> One of the best reasons for hiring a realtor is his or her ability to pre-qualify a prospect
   financially so that you don’t loose valuable negotiation time. Your agent may discover
   when a prospect has an ulterior motive for shopping homes, other than purchasing.

14. Believe that you can Make a Difference                                                         15
-> The top agents in the industry report that their sellers are responsible for at least one out
   of 10 sales. You can network your business and personal friends, hand out flyers and keep
   your house in move-in condition. Your realtor should be ready to hand you all sorts of
   assignments to make the team effort successful.

15. Test the Market
-> Never put your property on the market unless you really want a sale! Get ready for a
   professional sales push when you list with a great agent. If your plan harbors some
   indecision, resolve it before you list because success is every great realtor’s objective!
Home Seller’s Guide
PResenting youR home


Enhancing how your home shows to potential buyers cannot only
help to sell it more quickly but can often improve the selling price.
Stand out in your Neighborhood
-> A well kept, neatly landscaped property can be very inviting to the potential buyer
   interested in viewing your home. Refuse containers should be out of view, and the lawn
   should be freshly trimmed. Fertilizing a few weeks prior to listing will help your lawn look




                                                                                                  PResenting youR home
   lush and green. Woodwork should be free of chipped or cracked paint.

Fresh Look
-> The front door should be clean or freshly painted. Brass knobs should be polished. Consider
   placing a planter of fresh flowers on your front porch.

Small Repair Details
-> Repair all loose doorknobs and cupboard hinges, dripping faucets, stained sinks, loose or
   missing caulking, sticking doors and windows, and damaged or missing window screens.

Tidy up
-> Tidiness makes a room look larger and helps the buyer visualize his/her décor in your home.
   Workout rooms, sewing rooms, laundry rooms, and home offices should be as organized
   and clutter-free as the main living space in your home.
                                                                                                  16
Light up your Home
-> An open, airy feeling generates comfort and welcomes the potential buyer into your home.
   Drapes, curtains and mini blinds should be open to allow plenty of light in your home. Turn
   on all the lights when showing your home at night.

Clean Closet
-> Neat, well-organized closets appear larger. Larger closets help sell homes.

Squeaky Clean
-> Remove stains from sinks, toilets and bathtubs, including hard water spots on shower
   enclosure doors. If drains run slowly, unclog them. Hang fresh towels on towel rack.

Clean Kitchen
-> Make the most important room in the house appear larger by cleaning clutter from the
   counter tops. Avoid dirty dishes in the sink. All counter top appliances should be kept out
   of view. Replace or repair worn out flooring. Clean the ventilation hood over your stove. A
   brighter kitchen is always more attractive.
Home Seller’s Guide
mAintenAnCe And RePAiR - Questions

When selling a home, whether it be new or used is a big responsibility. That’s why
making sure you check for any errors and inaccuracies inside and outside of your




                                                                                     mAintenAnCe And RePAiR - Questions
home is very important. A make over of your home is needed in making sure you
get the full market value worth of your home

Questions to ask your Real Estate Agent
1. Has the home been fumigated?
2. Has the plumbing and drainage system been inspected by a Plumber?
3. Are the sprinklers and lights in full working condition?
4. Has the carpet been updated?
5. Has the paint been updated?
6. Has the roof been updated for rainy weather conditions?
7. Has the electrical system in the home been inspected by an Electrician?
8. Is the heating and air conditioning system In full working condition?
9. Are the windows in full working condition?
10. Are all appliances in full working condition?

New Home Updates
When buying a new home many developers offer bonus or Add-On
                                                                                     17
options to customize your home. Making sure you choose the option or
fixture to your liking is another step into securing your investment.
Used Home Updates
As provided by your Agent, the updates and improvement to your home should
also be reviewed by yourself. Not looking for errors can be a huge headache in
the future, as things like plumbing, Heating, Cooling and Fixtures can bring forth
a costly problem if not examined properly.
Maintain your Home
Maintaining your home is a very important part in your investment. Not
maintaining your lawn, drainage, heating, cooling and electrical wiring can
drastically bring the overall equity of your home down when selling. These
should be maintained in order to secure the equity that your property will
gain in the years to come.
Home Seller’s Guide
moving And PACking - tiPs


Moving to a new home can be time consuming and costly. Sorting
your belongings and making sure you don’t lose or misplace things
is important in the moving process. Here are 10 tips to go by when
moving into a new home.




                                                                                  moving And PACking - tiPs
 1. Make a List of your belongings, that way you can keep track of what is left
   to move.

 2. Label your boxes.
 3. Buy tape and packing paper.
 4. Make sure you use packing paper for your fragile items.
 5. Rent a truck or van for hauling items. This could save you money by
   moving a huge amount of your belongings all at one time.
 6. Set placement ahead of time so you have an idea where to place things
   accordingly.
 7. Use a dolly for moving heavy items.
 8. If your not using a moving company, ask family members or friends for         18
    help moving. The more help you have the faster you can move in to your
    new home.
 9. Pack your items with other items that match, for instance:
    Cloths with Cloths, pictures with pictures, etc.
10. Drive carefully, driving fast and taking fast turns can drop boxes and
    break your belongings on the way to your new home.
Home Seller’s Guide
         moving CheCklist


Before you move..                                                   At your new home..
Always make sure when moving to double check everything             Make placement plans for your items to




                                                                                                                 10 tiPs befoRe selling youR home
in your home before leaving and Transfer all keys to the            save time. Unpack and make sure your
new owner.                                                          utilities are scheduled to turn on in time
                                                                    of your arrival to your new home.

General Checklist                 Item Checklist
   Create a List of everything      Buy boxes, tape and labels         Review your list and go
   that will be moved.              to keep things in order.           through your belongings.
   Set a time and day and let       Clean your refrigerator,            Move and place heavy items
   your employer know before        oven, microwave and lawn            and assemble heavy items
   hand.                            mowers before packing.              before unpacking.
   Order new checks with new
                                    Pack cloths with cloths and         Apply for a new state license,
   address and transfer funds
                                    wrap fragile items with             and register your car with
   if using a new bank.
                                    packing paper                       the local DMV.
   Discontinue utilities, and
   inspect your gas and             Turn off any lights or sprin-       Confirm arrangements with
   electrical wiring.               klers timers off and close          your referred doctor, dentist
                                    the gas line before moving          and veterinarian.
   Arrange your new home            your oven                           Check your utilities and
   utilities to be turned on
   Ask your doctor, dentist for
                                    Clean out your washer and
                                    dryer, and close the water
                                                                        make sure they are in
                                                                        working order.
                                                                                                                 19
   referrals in your new            line to your washer.
                                                                       Review your items for any
   neighborhood
                                    Carry jewelry and important        missing or lost items, and
   Check new state or city          documents with yourself or         contact moving company if
   regulations regarding ani-       in a safe deposit box.             missing items.
   mal vaccinations, transfers,                                        Greet your new neighbors
   records etc.                                                        and visit local services.
   Contact several moving                                              Register your children at a
   companies for estimates                                             new school.
   If your not using a moving
   company, contact relatives
   or friends.
   Confirm time of arrival,
   insurance and charges with
   your moving company.
Home Seller’s Guide
selleR’s glossARy

These definitions are to acquaint the seller with the terms commonly used in real estate
transactions. These terms are intended to be general and brief and are not complete and fully
accurate when applied to all possible uses of the terms. Please consult your Real Estate Agent
for more information regarding these terms.

Agent-
One who is authorized to act for or represent another (principal), usually in business matters. Authority may be
expressed or implied.


Amortization-




                                                                                                                     selleR’s glossARy
Payment of debt in regular, periodic installments of principal and interest, as opposed to interest only payments.


Appraisal Report-
A written report by an Appraiser containing his/her opinion as to value of the property and the reasoning leading
to this opinion. The factual data supporting the opinion, such as comparables, appraisal formulas and qualifica-
tions of the appraiser, will also be set forth.


“As-Is” Condition-
Premises accepted by buyer of the condition existing at the time of sale, including all physical defects.


Asking Price-                                                                                                          20
The price at which the Seller is offering the property for sale. The eventual selling price may be less after
negotiation with the buyer.


Assumption of Mortgage-
A Buyer’s agreement to assume the liability under an existing note that is secured by a Mortgage or Deed of Trust.
The Lender must approve the Buyer in order to assume the loan.


Beneficiary’s Demand-
Written instructions by a beneficiary under Deed of Trust stating and demanding the amount necessary for
issuance of reconveyance, whether a full or partial amount.

Closing Statement-
The Statement which lists the final financial settlement between Buyer and Seller the costs each must pay. A
separate statement for Buyer and Seller are generally prepared.

Commission-
An amount, usually as a percentage, paid to an Agent (Real Estate Broker) as compensation for his/her services.
The amount to a Real Estate Broker is generally a percentage of the sale price.
Home Seller’s Guide
selleR’s glossARy - Continued


Earnest Money-
The portion of the down payment provided by the Buyer, delivered to the Seller or Escrow Agent with a
written offer as evidence of good faith.

Grant Deed-




                                                                                                                selleR’s glossARy - Continued
One of the many types of deeds used to transfer real property. Contains warranties against prior convey-
ances or encumbrances. When title insurance is purchased, warranties in a deed are little practical signifi-
cance.


Listing-
An agreement between an Owner of real property and a Real Estate Agent, whereby the Agent agrees to
secure a Buyer for specific property at a certain price and terms in return for a fee or commission.


Listing Agent-
A Real Estate Agent obtaining a listing as opposed to the Selling Agent.

Owner Will Carry Mortgage-
A term used to indicate that the Seller is willing to take back a purchase money mortgage.
(Can also be called a Seller Carry Back).

Pro Rate-
To divide in proportionate shares, such as taxes, insurance, rent or other items, which Buyer and Seller        21
share at the time of closing or other agreed upon time.

Purchase Agreement-
A written document whereby the Purchaser agrees to buy certain real estate and the Seller agrees to sell
under stated terms and conditions. Also called Sales Contract, Earnest Money Contract or Agreement for
Sale.

Realtor-
A designation given to a Real Estate Broker or Sales-Associate who is a member of a board associated with
the National Association of Real Estate Boards.

Reconveyance-
An instrument used to transfer title from a Trustee to the equitable Owner of real estate, When title is held
as collateral security for a debt. Most commonly used upon payment in full of a Trust Deed, also called
Deed of Reconveyance or Release.

Selling Agent-
The Real Estate Agent Obtaining the Buyer rather than listing the property. The Listing and Selling Agent
may be the same person or company.
Home Seller’s Guide
notes
Home Seller’s Guide
notes
Home Seller’s Guide
notes
Home Seller’s Guide
notes
Orange County

4667 MacArthur Blvd., Suite 150
  Newport Beach, CA 92660
    Phone: 877-727-3900



     Los Angeles County

790 E. Colorado Blvd, 4th Floor
     Pasadena, CA 91101
    Phone: 888-282-5885



    www.calcounties.com

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Home Sellers 2

  • 1. S Guide.
  • 2. S Page 1: Choosing a Real Estate Agent Page 2: The Lender Page 3: Home Seller’s Process Page 4: What is Escrow Page 5: Escrow Process Page 6: Escrow Q&A Page 7: Escrow Q&A - Continued Page 8: Life of an Escrow Page 9: Title Insurance Process Page 10: Holding Title Page 11: Payment Procedure Page 12: Seller’s Cost Sheet Page 13: 7 Tips before Selling your Home Home Buyers Table of Content Guide Page 14: 15 Home Selling tips Page 15: 15 Home Selling tips - Continued Page 16: Presenting your home Page 17: Maintenance and Repair Page 18: Moving and Packing Tips Page 19: Moving Checklist Page 20 & 21: Glossary Personal Notes CalCounties TitleNation Company - is a registered trademark of CalCounties TitleNation Company. All Rights Reserved © All information contained in this book is for informational purposes and is not intended to offer advice - legal, financial or otherwise - about specific situations or problems. This information is a general guideline only, consumers are urged to consult legal councel regarding their rights and responsibilities under state and federal law. The information contained is deemd reliable but not guaranteed.
  • 3. Home Seller’s Guide Choosing A - ReAl estAte Agent Choosing A - ReAl estAte Agent Listing your home with a qualified agent can make all the difference in the world when it comes to selling your home. Selling a home is a lot of work, therefore having an agent is very helpful. Here are a few reasons why you should use an agent when selling your home: -> An agent will assist you with negotiations with the buyer -> An agent know the market and can help you set a reasonable price -> An agent has better resources for locating buyers and information on recent sale prices of homes around you -> An agent has a broader range of advertising options 01 -> An agent can screen for buyers who are financially able to purchase your home -> An agent will save you time!
  • 4. Home Seller’s Guide the lendeR There are many advantages of working with a reliable, professional lender. Some of their very importat services are as follows: Pre-Qualification of all Prospective Buyers: Your lending professional should pre-qualify each potential buyer to ensure that they are sufficiently qualified by thorough examination of their credit status and current financial situation. This is extremely important to eliminate wasted time negotiating with unqualified buyers. Ability to find the right Loan at Competitive Prices: A reliable lending professional will shop for the best loan and the best the lendeR possible price. This affords the borrower the freedom to select the loan best suited for their needs at the best pricing, without having to shop all over town. Efficient Follow-up and Teamwork: Once the transaction has been negotiated, the lender works hand in hand with the other support team members to ensure that the loan is approved and funded in a timely manner. They locate and handle any unforeseen 02 situations before it becomes a problem, and keeps you informed of all important details along the way. A Good Lender will Handle Potential Buyers with Care and Confidentiality!
  • 5. Home Seller’s Guide home selleR’s PRoCess Home Seller’s Chose Realtor List your Home Schedule an open Review Offers Accept Purchase House Agreement home selleR’s PRoCess Open Escrow Chose Escrow Deposit Ernest Seller’s Transfer Preliminary Secure Lender and Title Money Disclosure Title report Company Statement Begin Loan Property Property Purchase Loan Approval Process Inspection Appraisal Home Owners Insurance 03 Remove Financial Contigencies Closing Escrow Deposit Sign Closing Loan Funding Record Escrow Closed Balance of and Loan Paper Documents Down Payment Work to Escrow
  • 6. Home Seller’s Guide WhAt is - esCRoW Escrow is a way of transferring or exchanging property and/or money using a neutral third party. In many jurisdictions, escrow agents constitute a distinct profession with its own training and accreditation requirements. In other jurisdictions, such as Canada, escrow functions may be performed by attorneys. In either case, the escrow process is covered by significant regulation and protection through the use of licensing and/or bonding. Escrow is most commonly associated with real estate transactions. When a home or property changes hands, the seller of the property transfers the property title to the escrow agent. Similarly, the buyer either transfers funds or has a bank transfer mortgage proceeds to the escrow agent. When all conditions of the WhAt is - esCRoW purchase agreement are met, the escrow agent assigns the property title to the purchaser and distributes the funds to the seller. An escrow is created when money and/or documents are deposited with the escrow agent. The escrow agent’s authority is strictly governed by written instructions, mutually agreed upon by the parties involved. The instructions direct the escrow holder to perform duties necessary to complete the transaction. A few of the tasks which may be required are: -> Receive and deposit earnest money -> Order information for payoff of existing liens 04 -> Calculate and/or prorate taxes, liens, interest, rents, and insurance policies -> Make arrangements for title insurance protection for the buyer and lender -> Prepare and/or receive documents relating to the escrow -> Request and receive funding from new lender when conditions have been satisfied -> Arrange for recording of the conveyance documents and any other legal instruments required to transfer title to the property pursuant to the terms of the purchase agreement -> Close the escrow and disburse funds as agreed upon in the instructions -> Prepare a closing statement for the parties showing disposition of funds
  • 7. Home Seller’s Guide esCRoW PRoCess What Information is Needed? Confidential Statement of Identity Because many people have the same name, the statement of identity is used to identify the specific person in the transaction by determining date of birth, social security number, etc. The statement form is necessary and the information is kept confidential. Provide the escrow holder with the name, address and phone number of your lender as soon as possible after opening escrow. Hazard/Fire Information If you are purchasing a single family, detached home, or in esCRoW PRoCess some cases, a town home, be sure to order your fire/hazard insurance once your loan has been approved. You should immediately begin looking for an insurance agent; not all companies can write fire hazard insurance. Call your escrow holder with the insurance agent’s name and phone number so that he/she can make sure the policy complies with your lender’s requirements. You must have your insurance in place before the lender will fund money to the title company. Holding Title Page 10 shows common ways of holding title to help you understand the criteria for determining how you wish to hold title to your home. The escrow holder will need this information in order to prepare the grant deed, and your lender will need this information to prepare loan documents. We suggest you consult an attorney, tax consultant, or other qualified title professional before you decide. 05 What is Close of Escrow? The close of escrow signifies legal transfer of title from the seller to the buyer. Approximately three days before the scheduled close of escrow date, the loan documents are executed by the buyer. The new lender takes 24 to 72 hours to review the final executed documents and then wires the loan funds to the title company. Escrow collects the remainder of the buyer’s down payment and closing costs. When loan funds are wired, the file is then set up to record (a legal transfer of title from the seller to the buyer). The escrow holder then handles all final accounting, issuance of official closing statements and disbursement of any remaining proceeds to all parties.
  • 8. Home Seller’s Guide esCRoW - Q&A Q) How do I Open an Escrow? A) Generally the buyer’s Real Estate Agent will open the escrow. As soon as you execute the purchase agreement, the selling agent will place the buyer’s initial deposit, if any, into the escrow account or into the Real Estate Broker’s trust account. Q) What Information will I Need to Provide? A) You will be asked to complete a Statement of Identity (SI) as part of the necessary paperwork. Because many people have the same name, the SI is used to correctly identify the specific person in the transaction through such information as date of birth, social secu- rity number, previous addresses, etc. This information is kept confidential and is required to provide title insurance. Q) What do I Need to do Before my Appointment to Sign Escrow Papers? esCRoW - Q&A A) All parties signing the documents must bring proper identification: either a valid driver’s license, identification card, or current passport. This is needed to verify your identity by the notary public. It is routine, but necessary step, for your protection. Q) When and Where do I Sign Escrow Instructions? A) Your Escrow Officer or Real Estate Agent will contact you to make the appointment for you to sign your escrow instructions, Grant Deed and final papers. At this time, the Escrow Officer will also tell you the approximate amount of proceeds you will receive for the sale of your home. 06 Q) What’s the Next Step after I’ve Signed the Closing Escrow Papers? A) After both parties have signed all the necessary instructions and documents, the Escrow Officer will return the buyer’s loan documents to the lender for a final review. This review usually occurs within a few days of execution of the documents. After the review is completed the lender is ready to fund the buyer’s loan and inform the Escrow Officer. Q) How Long is an Escrow? A) The length of an escrow is determined by the terms of the purchase agreement and can range from a few days to several months. An escrow often averages 30 to 45 days. Q) What is an Escrow Closing? A) An Escrow closing is the culmination of the transaction. It signifies legal transfer of title from the seller to the buyer. Generally the Grant Deed and Deed of Trust are recorded within one working day of the escrow holder’s receipt of loan funds. This completes the transaction and signifies the “close of escrow”. Once all the conditions of the escrow have been satisfied, the Escrow Officer informs you or your Agent of the date escrow will close and takes care of the technical and financial details.
  • 9. Home Seller’s Guide esCRoW - Q&A Continued Q) Do I Continue to Pay my Monthly Mortgage Payment? A) Yes, your mortgage payment(s) must be kept current throughout the course of the escrow transaction. If the payment(s) are not kept current, the lender(s) can/will assess and collect late charge(s). Q) When are my Existing Loans Paid Off? A) Unless the buyer takes over your existing loan(s) on the property, the loan(s) will be paid off at the close of Escrow. You will need to furnish complete information to your Escrow esCRoW - Q&A Continued Officer and Real Estate Agent on each loan against your property. Please be prepared to provide the name of each lender. Your Escrow Officer will need this information to order the loan payoff demands so the loan(s) may be paid off correctly at the close of Escrow. Homeowners Association information may also be required if you are selling a condominium, townhouse or property located in a planned unit development. All of this information will help to ensure the timely closing of your Escrow. Q) What are Disclosures and Contigencies? A) During the process of selling your property, you will be asked to fill out a property disclosure form which is now required by law. In this document you will inform the buyer of any significant facts you have about the conditions of the property. If you are moving to California, other disclosures may be necessary. Your Real Estate Agent or Escrow Officer will assist you with these. Q) When and Where do I get my Final Proceeds Check? A) The proceeds check is disbursed upon close of Escrow, when the Escrow Officer is able 07 to verify with the county records office that the documents have recorded and legal transfer has occurred. The proceeds check is usually delivered to your Real Estate Agent. Q) What Happens to Funds eld in Escrow? A) In some cases the Escrow company will be instructed to hold funds in escrow to pay-off obligations which may not have been completed yet, even after the close of Escrow. An example might be to set aside funds to correct a structural problem, remodeling or termite repair work. Upon completion of the project and receipt of the proper documentation and/ or releases, the Escrow Officer will disburse the reserved funds to you.
  • 10. Home Seller’s Guide life of An esCRoW Prepare Escrow Instructions and Documentation. Obtain Signatures Process Financing Order Title Search Request Information for Request Benificiary Review and Receive Preliminary title Report life of An esCRoW New Loan Statement Application Obtain Loan Approval Review Transfer Terms and current Payment esCRoW Request Demands and Liens. Review Tax Repor and Determine that Request Loan terms are correct Documentation Receive Demands and file them Review File and Determine all Conditions have been Met and all Documents are Prepared for Signatures 08 Return Loan Send Documents to Documents Title Company Configure File And Obtain Signatures for all Remaining Documents Obtain Funds from Buyer Request Loan Funds Once Funds are Received order Recording Close File. Prepare Statements and Disburse Funds Complete Escrow Closing and Foward files to all Parties
  • 11. Home Seller’s Guide title insuRAnCe - PRoCess Most mortgage loans are made by savings and loan associations, mortgage companies, savings banks, commercial banks, credit unions, and insurance companies. These organizations invest money that belongs to their customers or policy holders, therefore they must be concerned with the safety of their mortgage investments. This is why a policy of title insurance is required by most lenders on most mortgage loans. title insuRAnCe - PRoCess The lender’s title insurance policy guarantees the lending institution that the person to whom it is making a mortgage loan has title to the real estate that is pledged as security. The lender also needs assurance that it has a valid and enforceable lien, that no other claimant (other than those specifically noted in the policy) has a prior claim. CalCounties TitleNation offers competitive rates on lender’s title insurance policies, and our escrow and title officers are well acquainted with the product and what lenders typically require. CalCounties TitleNation also offers your lender a high degree of safety. Be assured that, as always, CalCounties TitleNation will make it easy for you. Title Insurance - Step by Step 09 Step 1: Customer Service Verifies Legal Property Step 8: The New Documents, Demands & Statement of Description & How Title to Real Property Is Held Information Submitted to CalCounties TitleNation. Step 2: Preliminary Order & Title Search Are Opened Step 9: Escrow Authorizes Recording of New Documents in Step 3: Preliminary Search of Real Property Is Done the Transaction Step 4: Title Search Examines Real Property Records, Step 10: Documents Are Recorded, Confirmation of General Index Records & Tax Record Recording Is Received & Liens of Record Are Step 5: Examiner Reviews Complete Search Package Paid Off & Writes Preliminary Report Step 11: Title Officer Writes Title Policies Step 6: Data Processor Enters the Preliminary Title Step 12: Data Processor Prepares Final Title Policies Information into Computer & Prepares Preliminary Step 13: Title Policies Released to Client Report Step 7: Messenger Service Delivers Prelims to Escrow & Lenders
  • 12. Home Seller’s Guide holding title Tenancy in Common Joint Tenancy Community Property Community Property with rights of survivorship Parties - Parties - Parties - Parties - Any number of persons. Any number of persons. Only husband and wife. Only husband and wife. (Can be husband & wife) (Can be husband & wife) Division - Division - Division - Division - Ownership can be divided into Owner interests Ownership & managerial inter- Ownership & managerial inter- any number of interests, equal must be equal. ests are equal. ests are equal. or unequal. Title - Title - Title - Title - Each co-owner has a There must be unity of title Title is in the “community.” Title is in the “community.”Each separate legal title to his andtime (created in one docu- Each interest is separate but interest is separate but or her undivided interest. ment). management is unified. management is unified. Title must state community property with right to survivorship. Possession - Possession - Possession - Possession - Equal rights of Equal rights of Both co-owners have equl Both co-owners have equl possession. possession. management and control management and control holding title Conveyance - Conveyance - Conveyance - Conveyance - Each co-owner’s by one co-owner Written consent of other Written consent of other interest may be without the others will ter- spouse is required, and spouse is required, and conveyed separately minate that individual’s joint separate interest cannot be separate interest cannot be by its individual owner. tenancy. conveyed except upon death. conveyed except upon death. Purchaser’s - Purchaser’s - Purchaser - Purchaser - will become a tenant-in will become a tenant-in can acquire title from the can acquire title from the -common with the other -common with the other community with written community with written property co-owners. property co-owners. consent or joinder of both spouses. consent or joinder of both spouses. 10 Death - Death - Death - Death - On co-owner’s death, his or On co-owner’s death, his Upon death of one spouse, Upon death of one spouse, his her interest passes by will or her interest ends and 50%belongs to surviving or her interest ends and cannot to that person’s devisees or cannot be disposed of by spouse, 50% goes by will to be disposed of by will. Survivor heirs. No survivorship right. will. Survivor(s) own(s) the descendent’s devisees or by owns the property 100%. property. succession to surviving spouse. Successor - Successor - Successor - Successor - Devisees or heirs become Last survivor owns If passing by will, tenancy- Purchaser can only acquire tenant-in-common. property 100%. incommon between whole title of community; devisees and survivor results. cannot acquire a part of it. Creditor’s - Creditor’s - Creditor’s - Creditor’s - Co-owner’s interest may Co-owner’s interest may Property of community is liable Property of community is liable be sold on execution sale be sold on execution sale for contracts of either spouse for contracts of either spouse to satisfy his or her creditor. to satisfy his or her creditor. which were made after marriage which were made after marriage The creditor becomes a The creditor becomes a and prior to or after Jan. 1, and prior to or after Jan. 1, tenant-in-common. tenant-in-common. 1975. Co-owner’s interest can- 1975. Co-owner’s interest can- not be sold separately; whole not be sold separately; whole property may be sold on execu- property may be sold on execu- tion to satisfy creditor. tion to satisfy creditor. Presumption - Presumption - Presumption - Presumption - Favored in doubtful Must be expressly stated. The legal presumption is After July 1, 2001, there is no cases, except in husband Not favored. that property which has presumption. The code reads and wife case. been acquired during the that deeds must state course of the marriage is “community property with community property. the right of survivorship.”
  • 13. Home Seller’s Guide PAyment PRoCeduRe On these pages, you will find the traditional distribution of expenses associated with a purchase of real estate. However, many of these items can be negotiated by both parties at the time of the offer, excluding some expenses required by the lender to be paid specifically by seller. Buyer Usually pays for: 1. Escrow fees 2. Document preparation (if applicable) 3. Notary fees PAyment PRoCeduRe 4. Recording charges for all documents in buyer’s name 5. Termite inspection (according to contract) 6. Tax proration (from date of acquisition) 7. Homeowner’s transfer fee 8. All new loan charges (except those required by lender for seller to pay) 9. Interest on new loan from date of funding to 30 days prior to first payment date 10. Assumption/Change of Records fees for take-over of existing loan 11. Beneficiary Statement fee for assumption of existing loan 12. Inspection fees (roofing, property inspection, geological, etc.) 13. Home Warranty (according to contract) 14. Lender’s policy 15. Fire insurance premium for first year Seller Usually pays for: 1. Real estate commission 11 2. Escrow fees 3. County documentary transfer tax (55 cents per $500 of consideration, exclusive of the value of any lien or encumbrances attaching to the property at time of sale) 4. Applicable city transfer/conveyance tax (according to contract) 5. Document preparation fee for deed 6. Any loan fees required by buyer’s lender Payoff of all loans in seller’s name (or existing loan balance if being assumed by buyer) 7. Interest accrued to lender being paid off 8. Statement fees, reconveyance fees and any prepayment penalties 9. Termite inspection (according to contract) 10. Termite work (according to contract) 11. Home warranty 12. Any judgments, tax liens, etc., against the seller 13. Tax proration (for any taxes unpaid at time of transfer of title) 14. Any unpaid homeowner’s dues 15. Recording charges to clear all documents of record against seller 16. Any bonds or assessments (according to contract) 17. Any and all delinquent taxes 18. Notary fees - escrow fee 19. Title insurance premium: Owner’s policy
  • 14. Home Seller’s Guide selleR’s Cost sheet Sales Price: ................................................ $______________________________ Est. Balance 1st Loan: ............................. $______________________________ Interest: ...................................................... $______________________________ Prepayment Penalty: ............................... $______________________________ Est. Balance 2nd Loan: ........................... $______________________________ selleR’s Cost sheet Interest: ...................................................... $______________________________ Prepayment Penalty: ............................... $______________________________ Termite Inspection (+ repairs if any): . $______________________________ Recon. Fees: ............................................... $______________________________ Drawing, Recording & Notary Fees: ..... $______________________________ Document Preparation Fees: ................. $______________________________ Homeowners Assoc. Dues (if any): ....... $______________________________ 12 Loan Discount Points (if any): .............. $______________________________ Buyer’s Closing Cost (if any): ................ $______________________________ Taxes: .......................................................... $______________________________ Selling Commission: ................................ $______________________________ Miscellaneous: .......................................... $______________________________ Total Charges: ........................................... $______________________________ Est. Total Net: ........................................... $______________________________ $
  • 15. Home Seller’s Guide 7 tiPs befoRe selling youR home Some vital steps need to be taken before selling a home. These steps save you time and money as well as eliminating the rush of doing things last minute. Here are 7 tips you can use to help you prepare before you sell 7 tiPs befoRe selling youR home your home. 1. Get Pre-Approval for a New Home Loan. Before selling you should get pre-approved for a home loan on your new home you will be moving into. 2. Contact CalCounties TitleNation Company for Comparable Sales. Getting comparable sales in your area for your home is vital to gaining the most market value out of your home when selling. 3. Estimate your Selling Costs. - Real estate commission if you use an agent to sell. - Advertising costs, such as signs and other fees if you plan to sell your home on your own. - Attorney, closing agent and other professional fees. - Excise tax for the sale. - Prorated costs for your share of annual expenses taxes, home owner association fees, and fuel tank rentals. - Any other fees typically paid by the seller in your area (surveys, inspections, etc.). 13 4. Estimate your New Home Costs. Estimate the costs of your new homes down payment, moving costs, association fees, utilities, taxes etc. 5. Create a Moving Plan Ahead of Time. This can save you time when arranging your items to be moved. On page 18 you will find 10 tips that can help you get ready to move to a new home. 6. Market your Home. Whether your selling as a For Sale By Owner or through a real estate agent, it is vital you market your home properly. Marketing your home can greatly boost the amount of offers on your home you will receive. 7. Touch up your Home. Fixing your faucets, cracks, paint and lighting can help boost the amount you will gain out of selling your home. The more appeal your house has to the buyer the better chances you have at selling at maximum market value.
  • 16. Home Seller’s Guide 15 home listing tiPs 1. Pricing your Home -> Your agent can research comparable sales in your area and advise you of the appropriate price range for your property. 2. Flexibility on Financing -> Have your agent explain what financing options are available. Flexibility on financing terms may secure a better selling price. 15 home listing tiPs 3. Market Timing -> Ask a real estate professional to determine whether the market cycle is poised to net the most money. 4. Property Accessibility for Potential Buyers -> Lock boxes are a great way to make your home the most accessible to agents for showing. Appointment-only showings are the most restrictive. If your lifestyle is not compatible with frequent showings, your agent will help you determine a solution to suit your needs. Remember, the easier a home is to show, the better the odds are of getting the deal you want. 5. Latest Marketing Technology -> Make sure your agent utilizes the latest technology, such as internet sites that cater to home buyers. In some areas, cable access advertising is popular. Others use 800-number interactive voice response systems. A good agent will know where you can get the best 14 exposure. 6. Present your Property Correctly -> Put some items in storage, create more light, play music, or otherwise improve the ambiance. Your agent can offer helpful advice to create the right first impression. 7. Seasonal Property Sale’s -> Don’t base selling decisions on the season. Property sells year-round. 8. Re-evaluate the Marketing Plan -> Re-evaluate your agent’s marketing plan every 10 days. Make needed adjustments based on the current market and buyers. 9. Analyze Low Offers -> Eighty percent of all buyer activity comes from signs and MLS listings. So if you aren’t getting any offers and are flexible with showing your home, it may be time to re-evaluate your price, not necessarily your agent.
  • 17. Home Seller’s Guide 15 home listing tiPs - Continued 10. First Impressions are Golden -> Sales have gone south thanks to unkept lawns, cluttered closets, unpainted front doors, hard to work locks, blown light bulbs, bad colors, stains, unlit areas and foul smells. Spend 15 home listing tiPs - Continued time on the little things. Double up on your gardening. Keep things cleaner than usual. Take serious control of your pets during this time period. 11. Make the Right Kind of Repairs -> Before making improvements prior to listing, consult a real estate professional. Some upgrades will not yield any real increase in value, while others may increase property value substantially. Ask for low-cost solutions to minor repairs that will yield the best profits. 12. Give the Sales Process Enough Time -> Homes may take 3-6 months to sell in any market. Estimate how much time you have before you need to sell and then plan ahead to allow extra time. You don’t want to be forced to accept a disappointing offer. 13. Screen Prospects Adequately -> One of the best reasons for hiring a realtor is his or her ability to pre-qualify a prospect financially so that you don’t loose valuable negotiation time. Your agent may discover when a prospect has an ulterior motive for shopping homes, other than purchasing. 14. Believe that you can Make a Difference 15 -> The top agents in the industry report that their sellers are responsible for at least one out of 10 sales. You can network your business and personal friends, hand out flyers and keep your house in move-in condition. Your realtor should be ready to hand you all sorts of assignments to make the team effort successful. 15. Test the Market -> Never put your property on the market unless you really want a sale! Get ready for a professional sales push when you list with a great agent. If your plan harbors some indecision, resolve it before you list because success is every great realtor’s objective!
  • 18. Home Seller’s Guide PResenting youR home Enhancing how your home shows to potential buyers cannot only help to sell it more quickly but can often improve the selling price. Stand out in your Neighborhood -> A well kept, neatly landscaped property can be very inviting to the potential buyer interested in viewing your home. Refuse containers should be out of view, and the lawn should be freshly trimmed. Fertilizing a few weeks prior to listing will help your lawn look PResenting youR home lush and green. Woodwork should be free of chipped or cracked paint. Fresh Look -> The front door should be clean or freshly painted. Brass knobs should be polished. Consider placing a planter of fresh flowers on your front porch. Small Repair Details -> Repair all loose doorknobs and cupboard hinges, dripping faucets, stained sinks, loose or missing caulking, sticking doors and windows, and damaged or missing window screens. Tidy up -> Tidiness makes a room look larger and helps the buyer visualize his/her décor in your home. Workout rooms, sewing rooms, laundry rooms, and home offices should be as organized and clutter-free as the main living space in your home. 16 Light up your Home -> An open, airy feeling generates comfort and welcomes the potential buyer into your home. Drapes, curtains and mini blinds should be open to allow plenty of light in your home. Turn on all the lights when showing your home at night. Clean Closet -> Neat, well-organized closets appear larger. Larger closets help sell homes. Squeaky Clean -> Remove stains from sinks, toilets and bathtubs, including hard water spots on shower enclosure doors. If drains run slowly, unclog them. Hang fresh towels on towel rack. Clean Kitchen -> Make the most important room in the house appear larger by cleaning clutter from the counter tops. Avoid dirty dishes in the sink. All counter top appliances should be kept out of view. Replace or repair worn out flooring. Clean the ventilation hood over your stove. A brighter kitchen is always more attractive.
  • 19. Home Seller’s Guide mAintenAnCe And RePAiR - Questions When selling a home, whether it be new or used is a big responsibility. That’s why making sure you check for any errors and inaccuracies inside and outside of your mAintenAnCe And RePAiR - Questions home is very important. A make over of your home is needed in making sure you get the full market value worth of your home Questions to ask your Real Estate Agent 1. Has the home been fumigated? 2. Has the plumbing and drainage system been inspected by a Plumber? 3. Are the sprinklers and lights in full working condition? 4. Has the carpet been updated? 5. Has the paint been updated? 6. Has the roof been updated for rainy weather conditions? 7. Has the electrical system in the home been inspected by an Electrician? 8. Is the heating and air conditioning system In full working condition? 9. Are the windows in full working condition? 10. Are all appliances in full working condition? New Home Updates When buying a new home many developers offer bonus or Add-On 17 options to customize your home. Making sure you choose the option or fixture to your liking is another step into securing your investment. Used Home Updates As provided by your Agent, the updates and improvement to your home should also be reviewed by yourself. Not looking for errors can be a huge headache in the future, as things like plumbing, Heating, Cooling and Fixtures can bring forth a costly problem if not examined properly. Maintain your Home Maintaining your home is a very important part in your investment. Not maintaining your lawn, drainage, heating, cooling and electrical wiring can drastically bring the overall equity of your home down when selling. These should be maintained in order to secure the equity that your property will gain in the years to come.
  • 20. Home Seller’s Guide moving And PACking - tiPs Moving to a new home can be time consuming and costly. Sorting your belongings and making sure you don’t lose or misplace things is important in the moving process. Here are 10 tips to go by when moving into a new home. moving And PACking - tiPs 1. Make a List of your belongings, that way you can keep track of what is left to move. 2. Label your boxes. 3. Buy tape and packing paper. 4. Make sure you use packing paper for your fragile items. 5. Rent a truck or van for hauling items. This could save you money by moving a huge amount of your belongings all at one time. 6. Set placement ahead of time so you have an idea where to place things accordingly. 7. Use a dolly for moving heavy items. 8. If your not using a moving company, ask family members or friends for 18 help moving. The more help you have the faster you can move in to your new home. 9. Pack your items with other items that match, for instance: Cloths with Cloths, pictures with pictures, etc. 10. Drive carefully, driving fast and taking fast turns can drop boxes and break your belongings on the way to your new home.
  • 21. Home Seller’s Guide moving CheCklist Before you move.. At your new home.. Always make sure when moving to double check everything Make placement plans for your items to 10 tiPs befoRe selling youR home in your home before leaving and Transfer all keys to the save time. Unpack and make sure your new owner. utilities are scheduled to turn on in time of your arrival to your new home. General Checklist Item Checklist Create a List of everything Buy boxes, tape and labels Review your list and go that will be moved. to keep things in order. through your belongings. Set a time and day and let Clean your refrigerator, Move and place heavy items your employer know before oven, microwave and lawn and assemble heavy items hand. mowers before packing. before unpacking. Order new checks with new Pack cloths with cloths and Apply for a new state license, address and transfer funds wrap fragile items with and register your car with if using a new bank. packing paper the local DMV. Discontinue utilities, and inspect your gas and Turn off any lights or sprin- Confirm arrangements with electrical wiring. klers timers off and close your referred doctor, dentist the gas line before moving and veterinarian. Arrange your new home your oven Check your utilities and utilities to be turned on Ask your doctor, dentist for Clean out your washer and dryer, and close the water make sure they are in working order. 19 referrals in your new line to your washer. Review your items for any neighborhood Carry jewelry and important missing or lost items, and Check new state or city documents with yourself or contact moving company if regulations regarding ani- in a safe deposit box. missing items. mal vaccinations, transfers, Greet your new neighbors records etc. and visit local services. Contact several moving Register your children at a companies for estimates new school. If your not using a moving company, contact relatives or friends. Confirm time of arrival, insurance and charges with your moving company.
  • 22. Home Seller’s Guide selleR’s glossARy These definitions are to acquaint the seller with the terms commonly used in real estate transactions. These terms are intended to be general and brief and are not complete and fully accurate when applied to all possible uses of the terms. Please consult your Real Estate Agent for more information regarding these terms. Agent- One who is authorized to act for or represent another (principal), usually in business matters. Authority may be expressed or implied. Amortization- selleR’s glossARy Payment of debt in regular, periodic installments of principal and interest, as opposed to interest only payments. Appraisal Report- A written report by an Appraiser containing his/her opinion as to value of the property and the reasoning leading to this opinion. The factual data supporting the opinion, such as comparables, appraisal formulas and qualifica- tions of the appraiser, will also be set forth. “As-Is” Condition- Premises accepted by buyer of the condition existing at the time of sale, including all physical defects. Asking Price- 20 The price at which the Seller is offering the property for sale. The eventual selling price may be less after negotiation with the buyer. Assumption of Mortgage- A Buyer’s agreement to assume the liability under an existing note that is secured by a Mortgage or Deed of Trust. The Lender must approve the Buyer in order to assume the loan. Beneficiary’s Demand- Written instructions by a beneficiary under Deed of Trust stating and demanding the amount necessary for issuance of reconveyance, whether a full or partial amount. Closing Statement- The Statement which lists the final financial settlement between Buyer and Seller the costs each must pay. A separate statement for Buyer and Seller are generally prepared. Commission- An amount, usually as a percentage, paid to an Agent (Real Estate Broker) as compensation for his/her services. The amount to a Real Estate Broker is generally a percentage of the sale price.
  • 23. Home Seller’s Guide selleR’s glossARy - Continued Earnest Money- The portion of the down payment provided by the Buyer, delivered to the Seller or Escrow Agent with a written offer as evidence of good faith. Grant Deed- selleR’s glossARy - Continued One of the many types of deeds used to transfer real property. Contains warranties against prior convey- ances or encumbrances. When title insurance is purchased, warranties in a deed are little practical signifi- cance. Listing- An agreement between an Owner of real property and a Real Estate Agent, whereby the Agent agrees to secure a Buyer for specific property at a certain price and terms in return for a fee or commission. Listing Agent- A Real Estate Agent obtaining a listing as opposed to the Selling Agent. Owner Will Carry Mortgage- A term used to indicate that the Seller is willing to take back a purchase money mortgage. (Can also be called a Seller Carry Back). Pro Rate- To divide in proportionate shares, such as taxes, insurance, rent or other items, which Buyer and Seller 21 share at the time of closing or other agreed upon time. Purchase Agreement- A written document whereby the Purchaser agrees to buy certain real estate and the Seller agrees to sell under stated terms and conditions. Also called Sales Contract, Earnest Money Contract or Agreement for Sale. Realtor- A designation given to a Real Estate Broker or Sales-Associate who is a member of a board associated with the National Association of Real Estate Boards. Reconveyance- An instrument used to transfer title from a Trustee to the equitable Owner of real estate, When title is held as collateral security for a debt. Most commonly used upon payment in full of a Trust Deed, also called Deed of Reconveyance or Release. Selling Agent- The Real Estate Agent Obtaining the Buyer rather than listing the property. The Listing and Selling Agent may be the same person or company.
  • 28. Orange County 4667 MacArthur Blvd., Suite 150 Newport Beach, CA 92660 Phone: 877-727-3900 Los Angeles County 790 E. Colorado Blvd, 4th Floor Pasadena, CA 91101 Phone: 888-282-5885 www.calcounties.com