Wednesday, June 30, 2010

Update on homebuyer tax credit

The House of Representatives passed HR 5623, which would extend the deadline for closing tax credit eligible transactions from June 30th, 2010 to September 30th, 2010. The bill now moves to the Senate and if passed will be presented to the President for signature.

Bradford Miller Law

321 N. Clark, Suite 500
Chicago, IL 60654
Main: 312-238-9298

Bradford Miller is a Chicago Attorney practicing in Real Estate Law, Estate Planning, Landlord Tenant Law

More help for struggling homeowners

Recently, Fannie Mae issued Servicing Guide Announcement SVC-2010-07, introducing Fannie Mae's Home Affordable Foreclosure Alternatives (HAFA) Program. It is designed to mitigate the impact of foreclosures on borrowers who are eligible for a loan modification under the Home Affordable Modification Program (HAMP) but ultimately are unsuccessful in obtaining one.  For more information on the program, visit https://www.efanniemae.com/sf/servicing/hafa/index.jsp

Bradford Miller Law
321 N. Clark, Suite 500
Chicago, IL 60654

Bradford Miller is a Chicago Attorney practicing in Real Estate Law, Estate Planning, Landlord Tenant Law

Sunday, June 13, 2010

What should the Seller expect?

Although every transaction can be different, this is a general timeline from the Seller's point of view.

1. There is an offer for the property. Your Realtor receives earnest money from the Buyer.

2. When you receive an offer (or even before) you should immediately call an Attorney and fax or email the contract to their office. It is important to get the Attorney involved right away because there are deadlines that begin to run.

3. The Attorney will then begin their work on the transaction which will include reviewing the terms of the contract, ordering and reviewing the title policy, and drafting the paperwork necessary for closing.

4. Inspection deadline. In a typical contract, the Buyer has the right to have the property professionally inspected. If any problems are found, the Buyer may ask for them to be repaired or they may ask for a monetary credit. Or they could choose to cancel the contract and have the earnest money returned to them.

5. Mortgage commitment deadline. This is often the deadline that matters the most to all of the parties. For a Buyer that needs to take out a mortgage, this is the deadline where the lender either "commits" to lending money for the property or decides they cannot lend money for this property. Often this deadline needs to be extended because the lenders have become more cautious then before and therefore need more time.

6. At some point, usually after the Attorneys have come to an agreement on all terms, the Buyer will give an additional amount of earnest money. This money typically goes to your Realtor's office who then puts it into an escrow account.

7. The final walk-through takes place, usually the day before the closing.

8. The actual closing takes place which is where everyone signs the paperwork and keys are exchanged.

Overall, the above timeline typically takes around 60 days to complete but every transaction is different and sometimes deadlines need to be extended for one reason or another.

The law firm of Bradford Miller Law, P.C. is experienced in real estate law. If you are selling your home, contact us right away at 312-238-9298. It is important that you hire an Attorney BEFORE you sign a contract.

Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.