Every once in a
while we run into some strange real estate myths. How they get
started is a mystery. Here
are a few:
RE Myth:
When someone inherits real estate, which was the
deceased’s primary residence, the mortgage will be wiped out at
the time of death and the property title passes to the heirs free
and clear of all liens.
RE Truth: Some homeowners have
an insurance policy that will pay off the mortgage on the house if
they die. However,
when you inherit real estate, you receive title subject to all the
existing recorded liens and encumbrances against the property.
If you inherit a house that has a first mortgage, a home
equity loan, a mechanics’ lien, unpaid property taxes, or
homeowner’s association dues, you must pay all those obligations
according to their terms or lose the property by foreclosure or
forfeiture.
RE Myth: You can get a really
good deal on foreclosures from the bank.
RE Truth: Though the bank is
anxious to get rid of any repossessions it may have, it has a
fiduciary obligation to its stockholders to get as much out of the
property as possible, and is obligated by its relationship with
the mortgage insurance company to keep its claims as low as
possible. Most
foreclosures are sold at a “fair market value”.
RE Myth: If I buy a
fixer-upper, I can fix it up and make money.
RE Truth: Fixer-uppers
are for people with the time and skills to do the fix-up.
In a rapidly rising market, almost anyone can make money
fixing-up, but in a marginal real estate market, it takes a pro to
make money. Many
people spend more on the fix-up than the house will sell for.
RE Myth: I learned at a
seminar that I can buy a house for more than it’s listed for and
get the extra money back from the sell in cash after close of
escrow.
RE Truth: Most lenders
require the buyer and seller to sign documents stating that there
is no monetary consideration that is not included as part of the
escrow. If you take
money from the seller, or from one of the agents, and it is not on
the Settlement Statement, it may be lending fraud, which carries
severe penalty and maybe federal prison sentence.