Posts Tagged ‘atlanta real estate news’

How To Calculate a Mortgage Payoff – Keller Williams Atlanta Real Estate Legal Tip

Monday, December 6th, 2010

 

Keller Williams Realty Atlanta – Peachtree Road

Atlanta Homes For SaleAtlanta Real Estate News - Atlanta Home Buyers


Real Estate Legal Tip

Presented By:

How To Calculate a Mortgage Payoff

With current home values being so low, many sellers are bringing funds to closing instead of receiving a proceeds checks.  Payoffs are being questioned, challenged, and double-checked, so it is important that sellers and their agents understand how a mortgage payoff is calculated.
 
Here are the components of a typical payoff:
 
1.     Principal Balance:  this is the balance on the loan since the due date of the last payment (not the payment date, the closing date, or the “late date”);
plus
2.
     Interest on the principal balance that has accrued since the due date of the last payment (this interest will be daily for conventional loans and monthly for FHA loans);
plus
3.
     Mortgage insurance premiums due (for each monthly payment that is behind or currently due);
plus
4.
     Late charges for every month that a payment was late, including the current month if the payoff will be received after the late date (usually the 15th);
plus
5.
     Escrow Deficit, if the funds in the escrow account were insufficient to pay the most recent tax or insurance bills (most payoffs will not give a credit for a positive escrow balance – a refund will be issued after closing);
plus
6.
     Cancellation fees, fax fees, release fees (ranging from $10-$100);
plus
7.
     Prepayment Penalties, if applicable.

Presented by:  Leigh Clack, Attorney
Neel & Robinson Attorneys at Law, LLC
lenox@neelandrobinson.com   404-705-3690           fax   404-705-3697
22 Lenox Pointe, Atlanta, GA     30324    







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Is Georgia Affected By The Current Foreclosure Investigations? – KW Atlanta Real Estate Legal Tip

Monday, October 18th, 2010

 

Keller Williams Realty Atlanta – Peachtree Road

Atlanta Homes For SaleAtlanta Real Estate News - Atlanta Home Buyers


Real Estate Legal Tip

Presented By:

Is Georgia Affected By The Current Foreclosure Investigations?

 

Most of the current challenges, investigations, and allegations concerning improper affidavits, signatures, notaries, and foreclosures are in states with “judicial” foreclosure, where a judge must approve the procedure, based on the paperwork provided.  There have been claims that this paperwork includes false affidavits, improperly notarized documents, and other defects.

Georgia is one of 27 states that do not require a judicial hearing for lenders to foreclose on borrowers in default. 

Georgia has “non-judicial” foreclosure, which requires public notice by 4 weeks of advertising in the county newspaper for legal notices, followed by an auction of the property on the courthouse steps in the county where the property is located.

Although all 50 states are cooperating to investigate improper foreclosures, there are no title issues or title insurance coverage problems for people buying foreclosures in Georgia right now. 

Some of the major lenders may still decide to delay or stop foreclosures nationwide, but if the foreclosures proceed in Georgia, the titles will be insurable. 

This is another reason that the buyers should always get Owner’s Title Insurance, even if it is not paid for or provided by the REO (foreclosure bank) seller.

 Presented by Leigh Clack, Attorney
Neel & Robinson Attorneys at Law, LLC
22 Lenox Pointe, Atlanta, GA 30324
lenox@neelandrobinson.com
404-705-3690    fax  404-705-3697

 

More Atlanta Real Estate Legal Tips:

How To Write an Counter-Offer Correctly

What Happens to HOA & Condo Dues in a Foreclosure?

What Makes Property Taxes Go Up and Down?

What Happens To Tenants When a Property is Foreclosed?

Make Sure Your That Your Contract Is Legible





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