HOAs In Arizona Things To Be Aware Of When Buying A House

In Arizona, HOAs are popular and a  Home Owner Association (HOA) can have a huge impact on your life when you buy a home in a PUD (Planned Unit Development) or Condominium Project.

According to Wikipedia:

A homeowners’ association (abbrev. HOA) is an organization created by a real estate developer for the purpose of developing, managing and selling a development of homes.

It allows the developer to exit financial and legal responsibility of the community, typically by transferring ownership of the association to the homeowners after selling off a predetermined number of lots.

It allows the municipality to increase its tax base, but reduce the amount of services it would ordinarily have to provide to non-homeowner association developments.

Most homeowner associations are incorporated, and are subject to state statutes that govern non-profit corporations and homeowner associations.

State oversight of homeowner associations is minimal, and mainly takes the form of laws, which are inconsistent from state to state.

The Pros and Cons of HOA’s:

A Home Owner Association may have the power to determine the color of your home, the number of pets you have and the type of grass you have to plant.

They also may have the power to levy assessments, dues and fines.

Or, they may be as simple as collecting a few dollars per year to make sure the grass is cut in the common areas.

HOAs are set up by CC&Rs (Covenants, Conditions & Restrictions) and become part of your deed.

The CC&Rs dictate how the HOA operates and what rules the owners, tenants and guests must obey.

You should take the time to review the CC&R for any prospective purchase to make sure that the home you are buying will be right for your lifestyle.

For instance, if you operate an Amway business from your home, it is possible the CC&Rs prohibit this type of activity. Or, if you have two dogs and three cats, the CC&Rs may limit you to one pet.

The CC&Rs are only a portion of the HOA.

Bylaws are another component of HOA’s that reflect the intention of the association.

Each HOA either has a managing Board of Directors, or a third-party property management company.

One issue to be sure you check on is potential assessments.

For instance, recently a Condo Association had a foundation problem and was assessing the members over $10,000 per unit.

Another PUD had a pool that required routine maintenance and certification.

Subdivisions are commonly set up as PUDs with an additional HOA.

Until the subdivision is complete, the builder is generally in charge of the HOA.

When complete, the management of the PUD is typically turned over to the homeowners at a special membership meeting.

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    How To Value A Property That Is Not Yet Built

    It’s obviously easier to picture the process of estimating value on an existing property in a neighborhood that has a history of home sales, but the task of determining the value on new construction projects does pose some challenges.

    Appraisals on homes that haven’t been built yet generally require the contractor and home buyer to supply more documentation in order to get a more accurate estimate of the property’s value.

    The main purpose of this article is to give an overview of the appraisal process for a home buyer that is building a home vs purchasing standing inventory.

    For some, building a new home can be both exciting and overwhelming.  Watching a project transform from idea to completed home with a front yard, white picket fence and a custom red front door is a rewarding experience.

    Even if you are paying attention to all of the information from the beginning, there are still several details that have a tendency to catch even experienced builders off guard.

    Game time decisions have to be made as cabinets and corners line up differently than the initial drawing could show, flooring doesn’t match the wall colors, or the sun hits a window the wrong way at dinner time.

    While the last minute updates may cost you more money, they might also have an impact on the value of the property.

    What Does An Appraiser Need For New Construction?

    Plans –

    The plans or construction drawings are usually done by your builder or architect. It lays out the floor plan of your home, sizes of rooms and square footage of your home.

    They should include a floor plan layout, front elevation, real elevation & side elevations, mechanical and electrical details.

    Specifications / Descriptions Of Material –

    A “Spec” sheet has the type of construction materials you will be using. For example, whether your home will be built with standard 2 x 4′s or 2 x 6′s.

    It also contains the type of insulation, roofing and exterior products that will be used in the construction, as well as floors, counter tops and appliances for the inside dressing.

    Cost Breakdown –

    The document that breaks down all of the costs associated with the construction, including land, building materials and labor.

    A lender can generally provide you with blank forms for the spec and cost breakdown if your builder does not have them.

    Plot Plan –

    Shows where your home will sit on the site, any accessory buildings, well and septic locations, if applicable, and the finish grade elevations and direction of the drainage.

    Once the lender has obtained the above information from you, they will forward a copy to the appraiser. It is the appraiser’s job to determine what the future value of the home will be once it is completed, per your plans, specs & cost breakdown.

    Even though an appraiser will use the cost approach in the appraisal report, it is not the value that will ultimately be used by the lender.  The market approach to value, which uses existing sales of homes similar in size, quality, construction and location is the most common approach that lenders want for new construction.

    The more complete and detailed your plans, specifications and cost breakdowns are, the more accurate your appraisal will be.

    Once your home is complete, the appraiser will be asked to go out and inspect the home. They will report back to the lender what they have found, whether your home was completed according to the plans and specifications originally given, and if the value is the same as originally given in the report.

    Sometimes the value has to be adjusted due to changes that were made during construction which may have affected the value of the home.

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      Understanding the Difference Between an Appraisal vs Neighborhood Listing Prices

      Why is there such a difference between what my appraised value is and the price similar homes are selling for on my street?

      It’s a great question, and you don’t have to be a mortgage professional or a real estate agent to understand the answer.

      The distinction lies in the purpose of the two valuations and who is responsible for creating them.

      Appraisals:

      The purpose of an appraisal is to make sure that an independent non-interested third party verifies the “most likely” sale price based on the market value and condition of the home.

      Appraisals are meant to be a realistic determination of the value of a home if it were to sell in the current market, in its current condition.

      In addition, appraisers are governed by rules intended to standardize the subjective process of determining a home’s value.

      Some of the key factors appraisers look at are: location, above ground size, room count, bathroom count, style of home, condition of property, amenities, and market conditions such as how long it takes for home to sell and if values are increasing, decreasing or steady.

      Appraisers are also asked to look only at comparable sales within a certain distance, usually one mile except in rural areas, and within a specified period of time, which is 3 months in the current market.

      Listing Prices:

      Listing prices on the other hand are influenced by the real estate agent, and set by interested and often emotional sellers.

      Sellers are not held by any rules when they list a home. In some cases, sellers take what they paid for the house, add what they have spent on improvements and even add amount for profit.

      Often times, sellers will list their home based on the amount needed to pay for the real estate agent, closing costs and cover the amount of the mortgages.

      Extra low prices are generally the result of an extra motivated seller that has to sell and move in a rush, so they’ll list their property below market comps in order to be the most competitive.

      Throw in bank owned homes (foreclosed properties), and listing prices may be all over the place without a logical explanation due to an asset manager making decisions from another part of the country.

      The Verdict:

      While list price is never a good indication of what a home in your neighborhood is worth, appraisals are not an exact science that will determine the true value of your home either.

      Some will argue that a home is worth what people will pay for it, so there’s obviously a little room for personal interpretation.  Either way, the bank securing that piece of real estate for a mortgage loan generally always has the final opinion that matters the most.

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        Is Refinancing Worth It?

        As rates are low, many people are trying to figure out if refinancing makes sense in their situation and it can be a challenging task if you do not understand what to calculate.

        Here is at least one way to figure out if refinancing makes sense — focus on the net benefits of refinancing from the standpoint of lowering your interest rate.

        Although there are several reasons  to do an AZ refinance, lowering your mortgage rate to save on interest payments over the term of the loan is the most popular.

        Calculating the actual savings can be a tricky chore unless you know the difference between cash flow savings and interest savings. If your refinance objective is to only save on the interest by lowering your rate, then the interest savings should be done with the calculations below.

        Calculating Interest Savings:

        (Loan Amount x Interest Rate) / Months in year = Interest paid per month

        ($200,000 x 6% or .06) / 12 = $1,000.00

        *Remember to do the calculation in the parentheses first*

        We now know that you are paying $1,000.00 per month in interest. You should take the new interest rate you are getting with your refinance and calculate what your new interest payment will be.

        ($200,000 x 5% or .05) / 12 = $833.34

        Now we need to find out the difference between the two interest rates.

        Current Interest Payment – Proposed Interest Payment = Interest Savings

        $1,000.00 – $833.34 = $166.66

        Now you have figured out that by dropping your interest rate 1% on $200,000 you will be saving $166.66 per month or about $2,000 per year.

        Awesome!

        Anyone would want to save $2,000 per year, where do I sign… right? Not so fast, you’ll want to calculate the break-even point to find out how you will benefit after your closing costs.

        Net Benefit Formula (Break-Even):

        (Closing Costs – Escrows) / Interest Savings = Month of Break-Even

        ($6,000 – $1,000) / $166.66 = 30 Months

        In other words, it will take 30 months for you to recoup the cost of your refinance. If you plan to keep your mortgage for at least 30 months then you might want to consider this deal.

        Okay, now we can calculate your net benefit for refinancing with one more calculation.

        (Monthly Savings * Months you plan to keep mortgage) – (Closing Costs –Escrows) = Net Savings

        ($166.66 * 120 months) – ($6,000 – $1,000) = $14,999.20

        If you kept the mortgage for 120 months (10 years) you would save $15,000.

        Okay, now you can find out where to sign.

        Calculating the net benefits of a refinance is crucial in determining if it is strategic for you to refinance. Keep in mind that each mortgage is slightly different and you may need to adjust calculations accordingly.

        ……

        Frequently Asked Questions:

        Q:  I heard that I should only refinance if I drop 1% on my mortgage is that true?

        Some people say ½% , 1% to never. Every mortgage is different.

        For Example: A no cost loan can have a 1 month break-even point with only a .25% drop in interest rate. Now that you know how to calculate your net benefit, you are able to figure out what may be best for your situation.

        Q:  Why can’t I just compare my current payment to the proposed payment and figure out my net benefit?

        You could just compare just the two payments if you wanted to find out your cash flow savings, but the current and proposed loans may have two different amortizations.

        Let’s assume you currently have a 15 year mortgage and you’re comparing it to a 30 year mortgage. If both loans have the same interest rate and loan amount but the amortization is different, your interest savings per month would be $0. However, you are going to show a cash flow savings with the 30 year mortgage because of the longer amortization.

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        Earnest Money: Where Does It Go?

        I have a question… if you give your Realtor  a $5000 Earnest Money Deposit check, where exactly does that money go?

        A basic and very obvious question that most First-Time home Buyers ask once their purchase contract gets accepted.

        According to Wikipedia:

        Earnest Money – an earnest payment (sometimes called earnest money or simply earnest, or alternatively a good-faith deposit) is a deposit towards the purchase of real estate or publicly tendered government contract made by a buyer or registered contractor to demonstrate that he/she is serious (earnest) about wanting to complete the purchase.

        When a buyer makes an offer to buy residential real estate, he/she generally signs a contract and pays a sum acceptable to the seller by way of earnest money. The amount varies enormously, depending upon local custom and the state of the local market at the time of contract negotiations.

        When you give your earnest money to a Realtor, they go to a third-party escrow company according to the terms of the executed purchase contract.

        For example, there may be a contingency period for appraisal, loan approval, property inspection or approval of HOA documents.

        In most cases, the Earnest Money held by the escrow company is credited towards the home buyer’s down payment and/or closing costs.

        Earnest Money — The Process:

        1. Earnest Money is submitted to an escrow company with the accepted purchase contract
        2. At the close of escrow, the EMD is credited towards the down payment and / or closing costs
        3. If there are no closing costs or down payment, the EMD is refunded back to the buyer

        Who Doesn’t Get Your Earnest Money:

        • Selling Real Estate Agent – A conflict of interest
        • Sellers – Too risky
        • Buying Agent – They shouldn’t have your money in their account

        _________________________________

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        8 Questions To Ask About Mortgage Rates

        Looking at today’s mortgage rates and seeing what is posted may not be the best way to compare rates.  The reason is that many factors can cause each individual rate and closing cost scenario to fluctuate.

        Even though loan officers like to preach communication, service and education all day long, ultimately, it is very difficult to figure out who to trust when going through this complex mortgage process.

        Since mortgage rates can change several times a day, here are 8 questions that you should ask your loan officer about mortgage rates where they can provide you with the best rate once you’re in a position of locking in your loan:

        Who determines mortgage rates are and what are mortgage rates tied to?

        Mortgage interest rates are determined by the pricing of Mortgage Backed Securities or Mortgage Bonds. The media often implies mortgage rates are based off the 10-year Treasury Note, which is incorrect.

        While the 10-year Treasury Note has been known to trend in the same direction as Mortgage Bonds, it is not unusual to see them move in completely opposite directions.

        How many times each day do mortgage rates change?

        Mortgage rates may change throughout the day, however they only change on days when the Bond markets are trading securities since mortgage rates are based on Mortgage Bond prices.

        Think of a Mortgage Bond’s sales price similar to that of a Stock that trades up and down during the course of a day.

        For example – let’s assume the FNMA 30-Year 4.50% coupon is selling for $100.50. The price is 50 basis points lower from the previous day’s closing price of $101.00.

        In simple terms, the borrower would have to pay an additional .50% of their loan amount to have the same rate today that they could have locked in the previous day.

        What exactly causes mortgage rates to change?

        Mortgage Bonds are largely affected by various market forces that influence the changing demand for bonds within the market.  Some of the key economic factors that have the greatest impact are unemployment percentages, inflationary fears, economic strength and the overall movement of money in and out of the markets.

        Like stocks, most fluctuation is caused by consumer and investor emotions.

        What tools do you personally use to monitor mortgage rates?

        There are several great subscription based services available to monitor Mortgage Bond pricing.

        The key is to make sure the lender is aware they should be monitoring Mortgage Bond pricing, such as the Fannie Mae 30-Year 4.50% coupon… and not the 10-Year Treasury Note or the news media.

        When the Fed changes rates, why do mortgage rates move in the opposite direction?

        It is a common misconception that when the Federal Reserve implements a rate cut it is immediately correlated to a reduction in mortgage rates.

        The Federal Reserve policy influences short term rates known as the Fed Funds Rate (“FFR”). Lowering the FFR helps to stimulate the economy and increasing the FFR helps to slow the economy down. Effectively, cutting interest rates (FFR specifically) will cause the stock market to rally, driving money out of bonds and creating potential for inflation.

        Mortgage Bond holders need to obtain a higher rate of return on their money if inflation is increasing, thus driving up mortgage rates. With the Federal Reserve Board meeting every six weeks, this is an important question to ask. If your lender does not have a firm understanding of this relationship, they may leave your rate unprotected costing you thousands of dollars over the life of your mortgage.

        Do different mortgage programs have different mortgage interest rates?

        Conventional, FHA and VA loans can all carry different rates on a 30-Year fixed mortgage. FHA and VA loans are insured by the Federal Government in the event of defaults. Conventional mortgages are insured by private mortgage insurance companies, if insurance is required.

        Typically, FHA and VA loans carry a lower rate because the investor views the government backing as less of a risk. While rates are usually different for each program, it may be more important to compare the monthly and overall cost during the life of the loan to determine which program best suits your needs.

        Why are Adjustable Rate Mortgages lower than fixed rate mortgages?

        An Adjustable Rate Mortgage (ARM) is usually fixed for a specific period of time. The period is typically 6 months, 1 year, 3 years, 5 years or 7 years. The shorter time period the rate is fixed, the lower the interest rate tends to be initially.

        This is due to the borrower taking the future risk of increasing interest rates. The only instance where this would not be true is when there is an inverted yield curve where short-term rates are higher than long-term rates.

        Why are rates higher for different property residence types?

        Mortgage interest rates are based on risk-based pricing. Risk-based pricing allows adjustments to par pricing for risk factors such as; FICO scores, Loan-to-Value percentages, property type (SFR, Condo, 2-4 Units), occupancy (Primary, Vacation or Investment) and mortgage type (Interest Only, Adjustable Rate etc).

        This allows the investors who lend their money for mortgages to receive additional compensation for taking additional risk.

        If the borrower encounters a financial hardship, are they more likely to make the payment on the home they live in or the one they rent out?

        _________________________________

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          How Much House Can I Afford?

          How much mortgage money can I qualify to borrow?

          This is typically the number one question mortgage professionals are asked by new clients.

          Of critical importance when considering mortgage financing: There is sometimes a difference between what a client ***can*** borrow and what they ***should*** borrow.

          In other words, what makes for a comfortable long-term mortgage payment?

          The Quick Answer:

          If we’re simply considering the financial math, lenders will calculate your Debt-to-Income Ratio and generally allow for 28-31% of your gross income to be used for the new house payment with up to 43% of your gross income to be used for all consumer related debts combined.

          Sample Mortgage Scenario:

          Let’s use a gross monthly income of $3000 and a qualifying factor of 30% Debt-to-Income Ratio:

          $3000 multiplied by .3 (30%) = $900 max monthly mortgage payment

          This means that your mortgage payment (Principal, Interest, Taxes, Hazard Insurance) cannot exceed $900 a month.

          “Ballparking” a Qualifying Loan Amount:

          Simple step:  We use a safe average of $7 per month in payment for every $1000 in purchase price so…

          Step 1)  $900 a month divided by $7 = $128.50

          Step 2) $128.50 multiplied by 1000 = $128,500 loan amount.

          Remember, these are average ratios and guidelines set by most lenders for common mortgage programs.

          Keep in mind, while most consumer debts are listed on a credit report, there are some additional monthly liabilities that may contribute to the overall qualifying percentages as well.

          Regardless of how your personal income and credit scenarios factor in, it is important to consider your overall budget when trying to determine how much of a mortgage you should qualify for.

          Other items to consider in your monthly budget:

          1. Confirm all debts are taken into account
          2. Any private notes or family loans
          3. Short-term expenses – medical, auto repairs, travel, emergencies
          4. Plan on additional expenses for the home such as water, electric, maintenance, etc…
          5. Keep a cushion for savings and financial planning

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          Sell Your Home Before You Buy Another House?

          Although every situation is unique, it is not uncommon for homebuyers to qualify for a mortgage on a new home while still living in their primary residence.

          Perhaps you are outgrowing your current house, or have been forced to relocate due to a job transfer?  Regardless of the motivation for keeping one property while purchasing another, let’s address this question with the mortgage approval in mind:

          So, Do I Have To Sell?

          Yes. No. Maybe. It depends.

          Welcome to the wonderful world of mortgage lending. Only in this industry can one simple question elicit four answers…and all of them may be right.

          If you are in a financial position where you qualify to afford both your current residence and the proposed payment on your new house, then the simple answer is Yes!

          Qualifying based on your Debt-to-Income Ratio is one thing, but remember to budget for the additional expenses of maintaining multiple properties. Everything from mortgage payments, increased property taxes and hazard insurance to unexpected repairs should be factored into your final decision.

          What If I Rent My Current Property?

          This scenario presents the “maybe” and the “it depends” answers to the question.

          If you’re not quite qualified to carry both mortgages, you may have to rent the other property in order to offset the mortgage payment.

          In that scenario, the lender will typically only count 75% of the monthly rent you are proposing to receive.

          So if you are going to receive $1000 a month in rent and your current payment is $1500, the lender is going to factor in an additional $750 of monthly liabilities in your overall Debt-to-Income Ratios.

          Another detail that can present a huge hurdle is the reserve requirement and equity ratio most lenders have. In some cases, if you are going to rent out your current home, you will need to have at least 25% equity in order to offset your payment with the proposed rent you will receive.

          Without that hefty amount of equity, you will have to qualify to afford BOTH mortgage payments. You will also need some significant cash in the bank.

          Generally, lenders will require six months reserve on the old property, as well as six month reserves on the new property.

          For example, if you have a $1500 payment on your old house and are buying a home with a $2000 monthly payment, you will need over $21,000 in the bank.

          Keep in mind, this reserve requirement is incremental to your down payment on the new property.

          What If I Can’t Qualify Based On Both Mortgage Payments?

          This answer is pretty straightforward, and doesn’t require a financial calculator to figure out.

          If you are in this situation, then you will have to sell your current home before buying a new one.

          If you aren’t sure of the value of the home or how your local market is performing, give us a ring and we’ll happily refer you to a great real estate agent that is in tune with property values in your neighborhood.

          …..

          As you can tell, purchasing one home while living in another can be a very complicated transaction.  Please feel free to contact us anytime so we can review your specific situation and suggest the proper action plan.

          _________________________________

          Related Articles – Mortgage Approval Process:

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          What Does Title Insurance Protect Me From?

          By including title insurance when purchasing property, your title insurer takes on accountability for legal expenses to defend your property title, should it ever be challenged.

          Many different occurrences can come into play to warrant the need for title insurance.

          The title company responsible will then take on the legal expenses to defend the property for as long as you are in possession of an interest in the property under the title.

          If the defense is not successful, you will be reimbursed for any loss of value of the property.

          Common Things Title Insurance Covers:

          1. UNDISCLOSED HEIRS, FORGED DEEDS, MORTGAGE, WILLS, RELEASES AND OTHER DOCUMENTS

          2. FALSE IMPRISONMENT OF THE TRUE LAND OWNER

          3. DEEDS BY MINORS

          4. DOCUMENTS EXECUTED BY A REVOKED OR EXPIRED POWER OF ATTORNEY

          5. PROBATE MATTERS

          6. FRAUD

          7. DEEDS AND WILLS BY PERSON OF UNSOUND MIND

          8. CONVEYANCES BY UNDISCLOSED DIVORCED SPOUSES

          9. RIGHTS OF DIVORCED PARTIES

          10. ADVERSE POSSESSION

          11. DEFECTIVE ACKNOWLEDGEMENTS DUE TO IMPROPER OR EXPIRED NOTARIZATION

          12. FORFEITURES OF REAL PROPERTY DUE TO CRIMINAL ACTS

          13. MISTAKES AND OMISSIONS RESULTING IN IMPROPER ABSTRACTING

          14. ERRORS IN TAX RECORDS

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