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Congratulations, you received and accepted an offer to sell your house! Before you can collect the proceeds of your sale, you must close the real estate transaction.

A real estate closing is the transfer of property ownership from the seller to the buyer. This complicated process has many steps and procedural formalities that make up the closing timeline. On average, it takes 30-60 days from when an offer is accepted until the transaction is complete.

Thankfully, Wisconsin real estate attorney, Shannon Wynn, created this article to help sellers navigate the complicated real estate closing process. Below is a breakdown of what sellers can expect during the closing process and a helpful real estate closing checklist for sellers. This guide splits the closing timeline into four phases:

• Offer
• Contingencies
• Title Work
• Closing

Hiring a real estate attorney makes selling real estate significantly smoother. If you are looking for a Wisconsin real estate attorney to help close on the sale of your property, contact Wynn at Law, LLC at 262-725-0175 or send us a message.

Real Estate Pre-Closing Checklist for Sellers

Below is a checklist of typical steps that sellers should plan for:

• Acceptance of Offer
• Provide Condominium Disclosures
• Prepare for Home Inspection
• Respond to Inspection Repair Requests
• Order Septic Test
• Order Well Water Test
• Respond to Testing Repair Requests
• Order Survey
• Prepare for the Appraisal
• Order Title Insurance
• Prepare the Deed or Conveyance Documents
• Review Transaction Paperwork and Legal Documents
• Move Out
• Clean the House
• Transfer Utilities

There may be additional steps that are specific to your situation. It is highly recommended that sellers contact a real estate attorney to ensure that all legal documents, communications, and closing criteria are lawfully met.

Contingencies – What Problems Could Cause Closing Delays?

A seller needs to meet every contract contingency requirement and deadline or request an extension to the Offer. While some issues may arise that may be out of the seller’s control, it is valuable to understand the most common reasons for closing delays.

Financing Problems – The most common reason for a closing delay is a financing issue on the buyer’s side. In these situations, buyers may have submitted an offer without loan pre-approval or offered a price outside their budget. In other cases, it may not be the buyer’s fault at all, but the lender is simply unable to meet the deadline and needs an extension to finalize the financing. 

Appraisal Problems – Issues during the appraisal process are rare but can occur. One such problem is that the home’s appraisal value is lower than the price in the offer to purchase. Discrepancies in the appraisal value can lead to lender financing issues and may require renegotiating the sale price. Another, more common, issue is that the appraiser is simply unable to finish the appraisal by the contract deadline and requires an extension.

Inspection Problems – An official home inspection may reveal unexpected issues with the property. Depending on the severity of the inspection defects, you may have to hire a licensed contractor to make repairs or discount the sale price.

While these problems can be frustrating and delay the closing process, an attorney can resolve most of these issues. Talk to your real estate attorney to develop a plan if any of these problems arise.

Title Work

Title preparation is an essential part of the real estate closing process for buyers and sellers. A house title is the historical ownership record of a property that shows who currently owns the property, contains the legal description of the property, and shows any liens encumbering the property. Liens against the property prevent a property owner from having a ‘clean’ title. A property owner may need to fix the title before selling the property. A complete title review is a necessary step to ensure that the property is able to be sold to a buyer.

Typically, a title commitment is ordered, and a title search is conducted to review any existing records including deeds, mortgages, municipal assessments, liens, and other public documents that may impact the owner’s ability to sell the property. Once the title search and examination are complete, the title company prepares a title commitment and provides a copy to the buyer, seller and attorney.

Sellers Closing Day Checklist – What to Expect

Once your closing date has arrived, the contact contingencies are met, and the title has been checked, it is finally time to complete the sale. 

The closing is hosted at the title company, and all involved parties will want to be there on time to sign the closing paperwork. If you would prefer, most closing companies allow sellers to pre-sign the closing documents as well.

Sellers should prepare to sign multiple documents for the closing, including:

• Closing Statement
• Closing Disclosure
• Deed
• Bill of Sale
• FIRPTA
• GAP Insurance
• Disclosure Statement
• Tenant/Work Affidavit

It’s wise for sellers to have a real estate attorney attend the closing. Attorneys often assist with unanticipated problems that can arise at closing, review documents, provide legal advice, protect your interests, and answer questions.

What Sellers Need to Bring to the Closing:

• House Keys and Access Codes
• Personal Checkbook for Minor Incidentals
• Lien Waivers from Contractors
• Government-Issued Photo ID for All Sellers Listed on the Contract

Ask your real estate attorney if any additional documents or items are needed, such as property tax statements, utility bills, proof of home warranty, or homeowners insurance documents. 

Closing Costs for Sellers

Sellers are responsible for paying a variety of expenses involved in the closing. In addition to the remaining mortgage balance (if applicable), sellers can expect to pay 5-10% of the home sale price in closing costs. If the sale of the property is less than the total balance due, the remainder is often deposited into an escrow account by the seller prior to the closing. Below are some of the typical closing expenses for sellers:

• Real Estate Agent Commission
• State Transfer Taxes
• Loan Payoff Costs
• Outstanding Homeowner Association Dues
• Property Taxes
• Title Insurance Fees
• Title Company Closing Fees
• Real Estate Attorney Fees

After Closing Checklist

After signing the closing paperwork, the title is transferred and the keys are turned over to the buyer––it is finally time for the seller to receive the remaining balance of the property sale funds.

• Verify that the proceeds of the sale are correctly deposited into your account.
• Cancel your homeowner’s insurance policy.
• Keep your closing paperwork in a safe location.
• Change your address with the USPS and forward your mail.

Do I Need an Attorney to Close a Real Estate Transaction?

A real estate attorney is not required for closing a Wisconsin real estate transaction, but attorneys often play a crucial role in a successful real estate transaction. A licensed Wisconsin attorney can provide personalized guidance throughout the process while ensuring all legal documents, communications, and closing criteria are met.

When Should Sellers Hire a Wisconsin Real Estate Attorney?

It is beneficial for sellers to contact a real estate attorney at the listing stage, rather than waiting until later in the sales process. This allows your attorney to help with pre-offer tasks such as addressing contract negotiations and reviewing offer contingencies when you have an interested buyer. Once an offer is accepted, your attorney can help you manage the contingencies and closing process. The State Bar of Wisconsin explicitly lays out these six ways that real estate attorneys can help a seller:

• Write or review the listing agreement with the seller’s real estate agent
• Review the buyer’s Offer to Purchase
• Draft or review the seller’s Counteroffer and Amendments
• Help satisfy contingencies to the Offer
• Draft the Deed and other legal documents required to close the sale
• Advise the seller at closing to be sure all closing documents, including financial arrangements are in order

Wynn at Law, LLC Helps Real Estate Sellers Throughout The Closing Process

Selling a home or property is a complex process. By law, only a real estate attorney can provide you with legal advice during the home sale process, not a real estate agent, loan officer, or title company. Sellers need an experienced Wisconsin real estate attorney in their corner who will look out for their interests. Wynn at Law LLC’s real estate attorneys are active members of the Wisconsin Realtors Association and are available to address all of your questions and concerns.

Wynn at Law, LLC represents sellers in residential, commercial and vacant land real estate transactions. If you are interested in selling property, please contact Wynn at Law, LLC by phone at 262-725-0175 or send us a message. Wynn at Law, LLC has offices located in Lake Geneva, Salem, and Delavan, Wisconsin.

Continue Reading: Real Estate Closing Checklist for Buyers

The post Real Estate Closing Checklist for Sellers appeared first on Wynn at Law, LLC.

This article originally appeared in Jalopnik. A link to the article is below.

https://jalopnik.com/a-simple-guide-to-how-nyc-is-screwing-up-giving-deb...

A Simple Guide To How NYC Is Screwing Up Giving Debt Forgiveness To Taxi Drivers

Raphael Orlove

The New York City government has set aside $65 million of federal stimulus money to fix the debt crisis among taxi drivers after days, weeks, months of yellow cab protests shutting down bridges and highways. Instead of giving money to the drivers in need, it’s bailing out rich lenders instead, including a big hedge fund in Connecticut.

This is meant to be a simple explainer so I will not attempt to understand or make sense of the city’s decision to bail out lenders not drivers. I can only lay out the dramas involved.

Taxi Drivers Are In Debt, And The City Is Responsible

Here in New York, you don’t just paint your car yellow and start picking people up off the street. You need a special taxi medallion for your car to be a taxi and pick up hails, and the city limits the number of medallions out there. As you can imagine, with limited supply and strong demand, the value of a medallion could rise. As Uber and Lyft have completely reshaped the taxi landscape here in the city, that value plummeted, and yellow cab drivers are now underwater, struggling to pay off loans on medallions now worth a fraction of what they started as.

Over the past two decades, the city not only watched as these prices skyrocketed, but encouraged it. To put some figures on that, medallion prices shot up 455 percent from 2001 to 2014 (the last city auction for medallions), as the New York Times reported, only to quickly drop again. That meant medallions “went from $200,000 in 2002 to over $1 million in 2014, then crashed to less than $200,000 soon after,” as City and State NY put it.

Under both the Bloomberg and De Blasio administrations, the city made $855 million off of those values, as the NY Times reported in 2019. A new NY Times feature lays out how the city helped:

As The New York Times reported in a series of articles, a group of taxi industry leaders had artificially inflated the price of a medallion to more than $1 million from about $200,000. They channeled immigrant drivers into loans they could not afford, creating a buying spree that drove up the price of the permits, and then extracted hundreds of millions of dollars before the bubble burst.

During the bubble, government officials worsened the problems by exempting the industry from regulations. The city also chose to fill budget gaps by selling medallions and running ads promoting the permits as “better than the stock market.”

The city sold those medallions, profited off of them. Now it’s the drivers who are suffering. As NPR put it in 2018, “cities made millions selling taxi medallions, now drivers are paying the price.”

It’s also the city that helped create drivers’ debt, so its job is easy: forgive the debt. What has the city done? Bailed out the lenders instead.

What’s The City’s Plan?

Let drivers borrow $20,000 to pay their medallion debt, and they can borrow another $9,000 for other monthly payments.

What Does This Accomplish?

With some drivers hundreds of thousands of dollars in debt, it doesn’t accomplish a lot! All it does, basically, is funnel a bunch of money to big lenders without helping drivers.

How The City Is Bailing Out Lenders Not Drivers

It’d be hard for me to even think up a plan of debt forgiveness that bails out rich lenders not poor drivers, but that’s exactly what the city is planning. Speaking with news outlet Business of Business, Bhairavi Desai, leader of the profit union New York Taxi Workers Alliance, laid out the way the city is bailing out lenders using the hedge fund Marblegate as an example. Marblegate is based in Greenwich, Connecticut (drivers drove all the way there in protest last year) and is the largest holder of medallion loans, as Business of Business reports.

Here’s how the city bails out lenders not drivers by funneling its relief money right back to them, as Desai explains:

In 2018 [Marblegate] bought about 300 taxi medallions, hedging their bets on the struggling industry; Uber and Lyft (which don’t require medallions) were just flourishing. Since February 2020, Marblegate started to purchase the medallion loans from lenders.

In the proposal that the city just announced, medallion owners can borrow $20,000 from the city at zero interest, but it must be used as leverage to negotiate debt restructuring. So, the city’s plan is to essentially loan owner/drivers $20,000 that they can then turn around and offer to the lender, Marblegate, or banks, or credit unions, with no concessions from the lenders as to what the new balance would be on these loans. 

Not only is the city directing its stimulus through the drivers to the lenders, it is doing it with no guarantee that the loans will be meaningfully paid down.

How Much Debt Are We Talking About Here?

“The city’s plan is not nearly enough to bail out the drivers, who each owe about $500,000 in loans on average,” as the NY Times put it recently.

Why The City Is Bailing Out Lenders Not Drivers

The De Blasio administration is experiencing a lame duck year, with city elections coming November 2021. Current officials will be looking for work, and it doesn’t look like they want to become cabbies. “Many of them come out of finance,” Desai puts it. “They’re making their plans to go back into finance.” Securing a bailout for a big operation like Marblegate doesn’t look bad on that resume.

What The Taxi Drivers Want

What the Taxi Workers Alliance plan entails is for the city to write down the loans to $125,000 and bail out the drivers it has helped send spiraling into debt. The lenders still get paid, but the drivers are in the clear, as Desai explains:

Our proposal has been that the city set up a backstop—if the hedge fund or bank reduced the debt to $125,000, the City of New York would guarantee it, 100% of delinquency. The medallion owners are protected and the banks and hedge fund would be guaranteed $125,000, even if the debt is $300,000 for example.

Marblegate can only collect amounts like $300,000 if people own assets; they’re hedging their bets on enough of the drivers having assets.

Even in the [worst] case scenario, our plan would end up costing the city $75 million over 20 years. Our plan is more fiscally sound and would be life-saving. Their plan costs more and does absolutely nothing, offers no relief.

The City Is Still Under Pressure

This crisis has been going on for years, and it is on the back of protests and direct pressure from other parts of the city government. The protests have not stopped (we are in the seventh day of protests from the Taxi Workers Alliance, with some very good looking food being made in solidarity), and the threat of a lawsuit isn’t cleared, either. New York state attorney general Letitia James threatened to sue the city for $810 million last year, but dropped the suit in late February 2021 in favor of supporting the Taxi Workers Alliance plan. It’s possible that the city is not completely off the hook, though as the New York Times currently reports:

The city could still face a lawsuit from the state attorney general, Letitia James, whose office investigated the crisis in response to the Times series and found the city was chiefly responsible. Ms. James announced last year that unless the city bailed out cabdrivers, she would sue the city for $810 million and give it to drivers. Her office did not respond to a request for comment about whether the mayor’s plan answered her findings.

City comptroller Scott Stringer was also at the protests calling for the Taxi Workers Alliance proposal

Every individual’s financial condition is different from each other. Struggling with debt and financial problems is complicated. Choosing whether to file for bankruptcy and learning how to file is likewise not an easy decision to make. To decide if bankruptcy is the right option for you, you should consult with Washington & Oregon bankruptcy attorneys. 
A bankruptcy filing is a legal proceeding wherein a debtor files a petition for bankruptcy to repay lenders. Filing bankruptcy allows you to have a fresh start with your finances. It is highly recommended to hire a bankruptcy attorney to prevent legal issues during the bankruptcy process. Before filing for bankruptcy, understanding the basics of bankruptcy law is important to have a successful bankruptcy filing.
What are the benefits of filing a bankruptcy petition?
Automatic stay
One of the advantages you get when you file for bankruptcy is the automatic stay. Once the petition in bankruptcy has been approved by the bankruptcy court, an automatic stay will take place. It prohibits any collection activities from creditors and lenders. This will also stop wage garnishment, foreclosure, phone calls, emails, and repossession. If a creditor continues to demand payment from you, your Portland bankruptcy lawyer may file a contempt of court action against these debt collectors. You may ask the bankruptcy court for an extension of the previous automatic stay if you have filed bankruptcy within the last year. However, an automatic stay will not take effect until the court issues an explicit order if you have filed multiple times last year. 
Eliminating dischargeable debts 
Debtors will be entitled to wipe out their obligation to pay off dischargeable debts. These debts are the ones that may be discharged in a bankruptcy proceeding. Unsecured debts such as credit card bills, medical bills, and personal loans are common examples.
Bankruptcy exemptions 
Exemptions from bankruptcy allow debtors to keep their homes after filing for bankruptcy. These exemptions are crucial in both bankruptcy cases under Chapter 7 (liquidation bankruptcy) and Chapter 13 (reorganization bankruptcy).
Rebuilding your credit score 
While fears of a ruined credit report deter a lot of individuals from filing for bankruptcy (because a filing stays for seven to ten years), a lot of debtors find that after a bankruptcy filing, their credit scores eventually improve. If an individual’s dischargeable debts have been discharged, they can start over and gradually rebuild their credit score.  
Timing is crucial when filing for bankruptcy. 
Filing a bankruptcy petition that is not in your best interest or filing for bankruptcy too soon may result in a loss of assets that you would have been able to secure (or a situation that could otherwise worsen a bad financial circumstance). This can also happen if you filed for bankruptcy under Chapter 7 instead of Chapter 13. This is why consulting credible Portland Oregon bankruptcy attorneys is important. They can help you decide on which among the types of bankruptcy is the best option for you.
Bankruptcy filings may also have potential consequences. Throughout the bankruptcy procedure, an experienced and trusted Portland Oregon bankruptcy lawyer will assist you.

• When you apply for bankruptcy, several credit card companies immediately terminate any cards you have. Following your bankruptcy filing, you will almost certainly receive several offers to apply for an unsecured credit card. While this could help in rebuilding your credit score, they typically come with a high-interest rate and annual fee.
• Filing bankruptcy immediately affects your credit report. A bankruptcy Chapter 7 stays in the report for ten years and seven years for a Chapter 13 bankruptcy declaration.
• Obtaining a mortgage or loan is difficult. For several years, filing for bankruptcy could make it hard to obtain another mortgage or loan.
• Exemptions do not always apply to both personal assets and real estate. It means that the court may seize and sell some of your assets to pay back your creditors.
• Tax refunds are denied. A bankruptcy filing will likely result in the denial of state, local, and federal tax refunds.
• The stigma associated with employment and housing. Any prospective employers and landlords will inquire regarding any previous bankruptcy filing, which could adversely affect your prospects for both. 
• Not all types of debts can be wiped out. Certain types of debts are non-dischargeable when you file bankruptcy. Secured debt, child support, alimony, student loan debt, criminal fines and restitution, tax debt, and other debts accrued by fraud are all examples of debts that are not dischargeable.

There are variations between the benefits and drawbacks of a bankruptcy filing. Most of it will depend on an individual’s financial condition and there are a lot of factors that may influence these situations. For assistance and basic bankruptcy exemption, contact our Portland Oregon bankruptcy attorneys at Northwest Debt Relief Law Firm for a free consultation.
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You have a reverse mortgage: Know your rights and responsibilities

Publication from Consumer Financial Protection Bureau “CFPB”.  Reverse mortgages can be a nightmare, leaving your spouse evicted from their home once the signing spouse dies.  This in-depth guide teaches current reverse mortgage borrowers about their rights and responsibilities under a Home Equity Conversion Mortgage loan. Topics include how a borrower can fulfill their loan obligation, what to do if receive a notice of foreclosure, loan payback options, and more.

The guide is designed to assist reverse mortgage borrowers meet their ongoing responsibilities under a Home Equity Conversion Mortgage, the most common type of reverse mortgage loan.
Topics include:

• The reverse mortgage loan requirements
• How a borrower may pay-off their reverse mortgage loan
• What happens after the borrower moves out of the home or dies
• What default means and how a borrower may find help
• What heirs may need to know

The guide also includes a glossary of commonly used terms and a list of resources that borrowers can use to find help.
The CFPB’s reverse mortgage resources are free and available to download or order.
For more information on reverse mortgages, visit consumerfinance.gov/reversemortgage.
Although the You have a reverse mortgage: Know your rights and responsibilities guide does not address protections for reverse mortgage borrowers affected directly or indirectly by COVID-19, you can learn more about these protections by visiting the Unified Housing Hub.
Thank you,
Consumer Financial Protection Bureau

Note from Diane: Please don’t jeopardize your future security by assuming you know the law.

.fusion-body .fusion-builder-column-1{width:100% !important;margin-top : 0px;margin-bottom : 0px;}.fusion-builder-column-1 > .fusion-column-wrapper {padding-top : 0px !important;padding-right : 0px !important;margin-right : 1.92%;padding-bottom : 0px !important;padding-left : 0px !important;margin-left : 1.92%;}@media only screen and (max-width:980px) {.fusion-body .fusion-builder-column-1{width:100% !important;}.fusion-builder-column-1 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}@media only screen and (max-width:640px) {.fusion-body .fusion-builder-column-1{width:100% !important;}.fusion-builder-column-1 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}@media only screen and (max-width:980px) {.fusion-title.fusion-title-1{margin-top:15px!important;margin-bottom:0px!important;}}@media only screen and (max-width:640px) {.fusion-title.fusion-title-1{margin-top:10px!important;margin-bottom:10px!important;}}MUSINGS BY DIANE:Seniors should not be faced with homelessness because their spouse signed a reverse mortgage not understanding the legal consequences.  Don’t misunderstand me, there are good reverse mortgages that help the homeowner to stay in their home for as long as physically and psychologically possible.  Unfortunately, sleazy lenders saw seniors as easy targets for scams. 
Generally seniors trust those who are advertise themselves as “experienced”, whether the plumber, real estate agent, lawyer or doctor.  Trust must be earned, not freely given.  Always investigate any professional who is supposed to help you.  I say this time and again, typically you should be able to trust your gut.  Unfortunately, some con-artists are really good at deceiving others.  Reach out to family and friends for their guidance and common sense thoughts.

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• Why Seniors are Losing Their Homes
• Seniors With Reverse Mortgages Threatened by Ditech Plan
• Reverse mortgage – good or bad idea?
• Seniors – A Guide to Getting Help With Debt

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