Listing Courtesy of JACK LINGO REHOBOTH
When it comes to making legal distinctions, the ones connected with buying and selling Dewey Beach houses have lasting consequences—so it’s important that they be the intentional kind. Although Three Dog Night might have sincerely believed that One is the Loneliest Number—that’s not necessarily the case when it comes to the title of an Dewey Beach home.
The majority of Dewey Beach houses are purchased by married couples. Families that remain intact can make property title issues relatively straightforward. But as the second half of the 20th century progressed, the culture became more accepting of people living together prior to marriage. Because of its impact on how people—especially couples—apply for home loans and refinances, the matter of legal title more often came into play.
I don’t offer legal advice, so will simply point out that there are key differences when you hear terms like Tenants in Common, Tenants by the Entirety, or Joint Tenants with Right of Survivorship. Being aware of those distinctions will allow future homeowners to choose which form will serve them best. Couples—especially those expecting to be married down the road—need to consider how things might change should they decide to refinance. It can make a difference if, for instance, a co-signer should later be required. When a Dewey Beach homeowner refinances and adds a spouse who was not named on the original mortgage, the spouse may be added to the title or deed. Those and other changes to a property’s title then has tax implications. Married couples may acquire title automatically through Tenancy by Entirety, as well as through rights of survivorship.
The key is to understand the implication of single and joint ownership. In the event of divorce, as with any material change, other rules may apply, too—which is another reason to recommend a consultation with counsel to clarify all related issues.
It’s always an exciting moment when you are about to take on the ownership of a home—certainly cause for celebration. Yet it’s also important to have an honest discussion with your spouse in order to put any existing issues on the table. It's amazing how many couples embark on home ownership (or refinancing) while dealing with significant relational issues. Some meet the issue by drafting a legal agreement that lays out what will happen with the property depending upon specified contingencies. Such agreements won’t carry weight with a mortgage company to effect removal of a person's name from a mortgage in the case of divorce—in most cases, a home would have to be refinanced again to remove a spouse's name from a mortgage.
Understanding the fine print can’t help but reduce the risk of unforeseen consequences down the line. Titles and title insurance may seem to be dull details that automatically confirm intended outcomes, but those outcomes have to be thought through and specified. The good news is they do get properly addressed every day in the course of acquiring a home. Pointing out the important details are just one element of my service: which is to help you every step of the way! Call/Text me Russell Stucki at (302) 228-7871, email me at email@example.com, visit more listings at www.beachrealestatemarket.com.
A Sussex County short sale is a transaction in which the amount paid is not sufficient to cover the existing mortgage or property liens. Once the lender agrees to accept the lesser amount, the short sale succeeds, the lender calls it even with the seller, and all parties can move forward.
It’s a good thing to ‘unfreeze’ a property, yet short sales in Delaware can be tricky to close. In the worst-case scenario, a buyer and would-be short seller can be put on ice for a full year or more before the short sale succeeds. As is evident to anyone who has been through the process, a Sussex County real estate agent with short sale experience is essential for leading the way through the negotiations and closing.
In addition to working with a knowledgeable agent, it’s good to also approach a situation which might turn into a short sale by understanding the general precepts that influence those who will make the decisions. Usually, the mortgage-holding bank publishes how they wish to be contacted. Often, it’s through the “Loss Mitigation” Department (or a title to that effect). That language tells you all you have to know to explain why their attitude may be less than enthusiastic.
Like any commercial business, the bank’s decision-makers seek to minimize the time and man-hours needed to gain the best result. If you come to them with what is an obviously unreasonable offer, they are no more likely to react positively than any other seller. For this reason, researching the market value of nearby properties--enough so that it’s easy to show that your offer is based on a reasonable discount from those prices—is the best way to be taken seriously.
Although you shouldn’t be surprised if even a reasonable offer is turned down at first, don’t be afraid to counter with a second offer.
Depending on the circumstances, I sometimes advise my clients to decide on a viable time frame in which to either close the deal or move on. Not only will this prevent your wasting time, but it can motivate a loan officer to truncate what might otherwise become long-winded negotiations.
Short sales in Sussex County are still to be found for motivated and patient buyers. If you are looking to buy a home in the coming year, now is the right time to call me to start your search! Call/text 302-228-7871 or email me, Russell Stucki, REALTOR ® of Beach Real Estate Market to provide detailed information on Delaware homes for sale, investment and commercial properties, luxury and waterfront homes, condos/townhomes, new construction, lots and land, farms and equestrian properties located in but not limited to Bethany, Bethel, Bridgeville, Dagsboro, Delmar, Ellendale, Fenwick Island, Frankford, Georgetown, Greenwood, Harbeson, Laurel, Lewes, Lincoln, Milford, Millsboro, Millville, Milton, Ocean View, Rehoboth Beach, Seaford, Selbyville, Delaware.