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Santa Monica Real Estate – Buying A House Or Condo ?- What Does A Homeowners/Title Policy Cover – Part 2

This is the 2nd of a two part series of what your  Homeowners/Title Insurance covers. This is a must know for people who are shopping the Santa Monica Real Estate market for Santa Monica Houses or Condos. Anyone buying Santa Monica Real Estate needs to have Title Insurance but not many people know what is covered. In this two part Series, ”Santa MonicaReal Estate - Buying A House Or Condo ?- What Does A Homeowners/Title Policy Cover – Part 2″ I will give a detailed list of what these policies cover. So if you are looking at  Santa Monica Condos or Houses to purchase here is what this insurance covers

 “CLTA Policy” used to mean less coverage than “ALTA Policy”. Not anymore—as long as you are buying Santa Monica Houses of  one to four family residence. The CLTA Homeowner’s Policy and the ALTA Homeowner’s Policy are identical. Note that the word “homeowner’s” in the name of the policy distinguishes these policies from other forms of title insurance.

 The following is an outline of the affirmative coverages you get with these new policies. Please refer to the policy for a complete explanation of exclusions, conditions, stipulations and deductibles. Each policy will also contain exceptions that pertain to the particular property and parties involved in each transaction.

ZONING VIOLATIONS

  • You are forced to remove or remedy your existing structures, or any part of them, because they violate an existing zoning law or zoning regulation. If you are required to remedy any portion of your existing structures, the amount of your insurance for this covered risk is subject to your deductible amount and our maximum dollar limit of liability shown in Schedule A.
  • You cannot use the land because use as a single-family residence violates an existing zoning law or zoning regulation.

ENCROACHMENT OF INSURED’S STRUCTURES

  • You are forced to remove your existing structures because they encroach onto your neighbor’s land. If the encroaching structures are boundary walls or fences, the amount of your insurance for this covered risk is subject to your deductible amount and our maximum dollar limit of liability shown in Schedule A.

ENCROACHMENT OF NEIGHBOR’S STRUCTURES 

  • Someone else has a legal right to, and does, refuse to perform a contract to purchase the land, lease it or make a mortgage loan on it because your neighbor’s existing structures encroach onto the land.

ENCROACHMENT ONTO EASEMENT OR SETBACK

  • You are forced to remove your existing structures because they encroach onto an easement or over a building set-back line, even if the easement or building set-back line is excepted in Schedule B.

103.1 ENDORSEMENT

  • Your existing structures are damaged because of the exercise of a right to maintain or use any easement affecting the land, even if the easement is excepted in Schedule B.

EXERCISE OF MINERAL RIGHTS

  • Your existing improvements (or a replacement or modification made to them after the policy date), including lawns, shrubbery or trees, are damaged because of the future exercise of a right to use the surface of the land for the extraction or development of minerals, water or any other substance, even if those rights are excepted or reserved from the description of the land or excepted in Schedule B.

DISCRIMINATORY COVENANTS

  • Someone else tries to enforce a discriminatory covenant, condition or restriction that they claim affects your title which is based upon race, color, religion, sex, handicap, familial status, or national origin.

“ESCAPE ASSESSMENTS”

  • A taxing authority assesses supplemental real estate taxes not previously assessed against the land for any period before the policy date because of construction or a change of ownership or use that occurred before the policy date.

NEIGHBOR’S POST-POLICY ENCROACHMENT

  • Your neighbor builds any structures after the policy date—other than boundary walls or fences—which encroach onto the land.
  • Your title is unmarketable, which allows someone else to refuse to perform a contract to purchase the land, lease it or make a mortgage loan on it.
  • A document upon which your title is based is invalid because it was not properly signed,sealed,acknowledged,delivered or recorded.

116 ENDORSEMENT

  • The residence with the address shown in Schedule A is not located on the land at the policy date.

MAP

  •  The map, if any, attached to this policy does not show the correct location of the land according to the public records.

ETERNITY AND ADDITIONAL INSUREDS

  • This policy insures you forever, even after you no longer have your title. You cannot assign this policy to anyone else. This policy also insures: (1) anyone who inherits your title because of your death; (2) your spouse who receives your title because of dissolution of your marriage; (3) the trustee or successor trustee of a trust to whom you transfer your title after the policy date; or (4) the beneficiaries of your trust upon your death.

INFLATION

  • The policy amount will increase by ten percent (10%) of the policy amount shown in Schedule A each year for the first five years following the policy date shown in schedule a, up to one hundred fifty percent (150%) of the policy amount shown in Schedule A.
Needless to say a Title Policy is not something you want to curl up with at a warm fire.   West Los Angeles Real Estate Group- only works with the most professional Title Reps in the Santa Monica Real Estate market. If you are looking at Santa Monica Houses give a call to the people that  live and work their, call310.505.5571 or email bob_schmalz@wlaregroup.com to answer all your Santa Monica Real Estate questions.

Santa Monica Real Estate – Buying A House Or Condo ?- What Does A Homeowners/Title Policy Cover – Part 1

Anyone buying Santa Monica Real Estate needs to have Title Insurance but not many people know what is covered. In this two part Series,Santa Monica Real Estate – Buying A House Or Condo ?- What Does A Homeowners/Title Policy Cover – Part 1″ I will give a detailed list of what these policies cover. So if you are looking at  Santa Monica Houses or Condos to purchase here is what this insurance covers

CLTA Homeowners Policy & ALTA Homeowners Policy ,these title insurance policies are not like any title policy you have ever seen before. “CLTA Policy” used to mean less coverage than “ALTA Policy”. Not anymore—as long as you are buying Santa Monica Houses of  one to four family residence. The CLTA Homeowner’s Policy and the ALTA Homeowner’s Policy are identical. Note that the word “homeowner’s” in the name of the policy distinguishes these policies from other forms of title insurance.

 The following is an outline of the affirmative coverages you get with these new policies. Please refer to the policy for a complete explanation of exclusions, conditions, stipulations and deductibles. Each policy will also contain exceptions that pertain to the particular property and parties involved in each transaction.

BASIC COVERAGE

  • Someone else owns an interest in your title.
  • Someone else has rights affecting your title arising out of leases, contracts, or options
  • Someone else claims to have rights affecting your title arising out of forgery or impersonation
  • Someone else has an easement on the land
  • Someone else has a right to limit your use of the land.
  • Your title is defective

FUTURE TITLE DEFECTS

  • Any of covered risks 1 through 6 occurring after the policy date. (This means that for the first time, the policy covers post-policy adverse possession, prescriptive easements and recorded documents mistakenly or intentionally containing a description of the insured’s land.)

LIENS

  • Someone else has a lien on your title, including a
  •                 Mortgage;
  •                          Judgment, state or federal tax lien, or special assessment;
  •                          Charge by a homeowner’s or condominium association; or
  •                          Lien, occurring before or after the policy date, for labor and material furnished before the policy date.

ENCUMBRANCES

  • Someone else has an encumbrance on your title.

MORE BASIC COVERAGE

  • Someone else claims to have rights affecting your title arising out of fraud, duress, incompetency or incapacity.

ACTUAL ACCESS

  • 11.   You do not have both actual vehicular and pedestrian access to and from the land, based upon a legal right.

CC&R VIOLATIONS

  • You are forced to correct or remove an existing violation of any covenant, condition or restriction affecting the land, even if the covenant, condition or restriction is excepted in Schedule B.
  • Your title is lost or taken because of a violation of any covenant, condition or restriction, which occurred before you acquired your title, even if the covenant, condition or restriction is excepted in Schedule B.

SUBDIVISION MAP ACT VIOLATIONS

  • Because of an existing violation of a subdivision law or regulation affecting the land:
  •            You are unable to obtain a building permit
  •            You are forced to correct or remove the violation; or
  •            Someone else has a legal right to, and does, refuse to perform a contract to purchase the land, lease it or make a mortgage loan on it.
  • The amount of your insurance for this covered risk is subject to your deductible amount and our maximum dollar limit of liability shown in Schedule A.

BUILDING PERMITS

  • You are forced to remove or remedy your existing structures, or any part of them—other than boundary walls or fences— because any portion was built without obtaining a building permit from the proper government office. The amount of your insurance for this covered risk is subject to your deductible amount and our maximum dollar limit of liability shown in Schedule A.
Lots to read, that is the easy part, understanding what it means is the trick. West Los Angeles Real Estate Group- only works with the most professional Title Reps in the Santa Monica Real Estate market. If you are looking at Santa Monica Houses give a call to the people that  live and work their, call 310.505.5571 or email bob_schmalz@wlaregroup.comto answer all your Santa Monica Real Estate questions.

Brentwood Real Estate: Are You Buying Or Selling? Do You Know Who Pays For What In Escrow?

My clients who are buying Brentwood Real Estate be it Brentwood Houses or Condos are always asking who is to pay for this or that, so I decided to make a list of who usually pays for items during escrow. Keep in mind West Los Angeles Real Estate Group negotiates every line item for their clients so although this is a good guideline how you negotiate the transaction will effect this list.

So when buying Brentwood Condos or Houses it is always good to have a professional and highly qualified team who specializes in Brentwood Real Estate handle your transaction.

Please call your specialist at West Los Angeles Real Estate Group to handle and take care of all your Real Estate needs. You can call me anytime at 310.505.5571 or of course email at bob_schmalz@wlaregroup.com.

 

BUYER Typically Pays For:

  • Escrow fees – Their Own
  • Document preparation (if applicable)
  • Notary fees
  • Recording charges for all documents in buyer’s name
  • Termite inspection (according to contract)
  • Tax proration (from date of acquisition)
  • Homeowner’s transfer fee
  • All new loan charges (except those required by lender for seller to pay)
  • Interest on new loan from date of funding to 30 days prior to first payment date
  • Assumption/Change of Records fees for take-over of existing loan •
  • Beneficiary Statement fee for assumption of existing loan •
  • Inspection fees (roofing, property inspection, geological, etc.) •
  • Home Warranty (according to contract)
  • Lender’s policy
  • Fire insurance premium for first year

 SELLER Typically Pays For:

  • Real estate commission
  • Escrow fees – Their Own
  • 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)
  • Applicable city transfer/conveyance tax (according to contract)
  • Document preparation fee for deed
  • 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)
  • Interest accrued to lender being paid off
  • Statement fees, reconveyance fees and any prepayment penalties
  • Termite inspection (according to contract)
  • Termite work (according to contract)
  • Home Warranty (according to contract)
  • Any judgments, tax liens, etc., against the seller
  • Tax proration (for any taxes unpaid at time of transfer of title)
  • Any unpaid homeowner’s dues
  • Recording charges to clear all documents of record against seller
  • Any bonds or assessments (according to contract)
  • Any and all delinquent taxes
  • Notary fees – escrow fee
  • Title insurance premium: Owner’s Policy

SANTA MONICA REAL ESTATE : BUYING OR SELLING? – TITLE INSURANCE WHERE YOUR MONEY GOES: PART 2

Are you are involved in buying or selling Santa Monica Real Estate  ? If you are the term , Title Insurance,  is probably familiar—but is it understood? What is your dollar actually paying for when you purchase a title policy?

Here is part 2 in a 2 part series “SANTA MONICA REAL ESTATE : BUYING OR SELLING? – TITLE INSURANCE – WHERE YOUR MONEY GOES”

Title insurance involves a one-time premium, paid when you close the real estate transaction, while property, casualty and medical insurance require regular renewal premiums.

The goal of title companies is to conduct such a thorough search and evaluation of public records that no claims will ever arise. Of course, this is impossible—we live in an imperfect world, where human error and changing legal interpretations make 100 percent risk elimination impossible. When claims arise, professional claims personnel are assigned to handle them according to the terms of the title insurance policy.

Title companies’ rates are filed with the Department of Insurance, and each company is required to publicly post its schedule of fees. As in all competitive business environments,

rates vary from company to company, so you should make comparisons before deciding on a particular title company. Your real estate professional can help you do this. In addition, there are many customer services provided by title companies which you and your real estate professional may find helpful to your transaction.

The issuance of a title insurance policy is highly labor- intensive. It is based upon the maintenance of a title “plant,” or library of title records, in many cases dating back over a hundred years. Each day, recorded documents affecting real property and property owners are posted to these title plants so that when a title search on a particular parcel is requested, the information is already organized for rapid and accurate retrieval. Most large counties have been converted to computer-based title plant systems which provide retrieval from remote locations, further speeding the process of delivering the title search to the customer. This investment in skilled personnel and advanced data processing represents a major part of the title insurance premium dollar.

Proper title plant maintenance, research, evaluation, and legal interpretation are the foundations upon which a title policy rests. That is where most of your dollar goes, and that is the source of your protection and peace of mind as a homeowner.

West Los Angeles Real Estate Group dedicates itself in getting it’s clients who are involved in Santa Monica Real Estate, the knowledge they need to buy, sell and invest in Santa Monica Houses or Condos.

Please call at 310.505.5571 or email bob_schmalz@wlaregroup.com so we can answer any question, help you find or sell in the Santa Monica Real EstateMarket.

SANTA MONICA REAL ESTATE : BUYING OR SELLING? – TITLE INSURANCE WHERE YOUR MONEY GOES: PART 1

If you are involved in buying or selling Santa Monica Real Estate the term , Title Insurance,  is probably familiar—but is it understood? What is your dollar actually paying for when you purchase a title policy?

Here is part 1 in a 2 part series “SANTA MONICA REAL ESTATE : BUYING OR SELLING? – TITLE INSURANCE – WHERE YOUR MONEY GOES”

Title Insurers, unlike property or casualty insurance companies, operate under the theory of risk elimination. Title companies spend a high percentage of their operating income each year collecting, storing, maintaining and analyzing official records for information that affects title to real property. Their technical experts are trained to identify the rights others may have in your property, such as recorded liens, legal actions, disputed interests, rights of way or other encumbrances on your title. Before closing your transaction, the title company will proceed to “clear” those encumbrances, which you do not wish to assume.

This theory is different from that of most other insurance where, for example, rates and anticipated losses are based on actuarial studies and premiums are pooled on the assumption that a certain number of claims will be made. The distinction is important: title insurance premiums are paid to identify and eliminate potential risks and claims before they happen. Medical and casualty insurance premiums, for example, are paid to insure against an unpredictable future event, knowing that risks exist and claims will occur.

West Los Angeles Real Estate Group dedicates itself in getting it’s clients who are involved in Santa Monica Real Estate, the knowledge they need to buy, sell and invest in Santa Monica Houses or Condos.

Please call at 310.505.5571 or email bob_schmalz@wlaregroup.com so we can answer any question, help you find or sell in the Santa Monica Real EstateMarket.

Mortgage rates hit record low of 3.94%– Are You On The Fence?

The associated press reported this morning , that the average rate on the 30-year fixed mortgage fell back down to 3.94 percent, the record low set earlier in the fall. Low rates offer a great opportunity for those who can afford to buy or refinance. Still, few people are able to take advantage of them. Freddie Mac says the rate on the 30-year home loan fell from 3.99 percent the previous week. The National Bureau of Economic Research says 3.94 percent is the lowest rate ever.The average rate on the 15-year fixed mortgage fell to 3.21 percent from 3.27 percent. That’s also a new record.

West Los Angeles Real Estate Group works with their clients and our community to keep you up to date on Santa Monica Real Estate . This market will turn around and people who are waiting to see if it gets lower should be more concerned with mortgage interest rates. If you are still waiting for houses to drop another 5% well maybe they will but while you are waiting interest rates will go up  a 1/4 % wiping out that 5% lower house price and then some.

If you are interested in a Santa Monica House or Brentwood Condominium , now is the time to find your home.

I am Bob Schmalz a California Licensed Real Estate Broker you can reach me at any time at 310.505.5571 or email bob_schmalz@wlaregroup.com.