I recently received this email:
“Dear Dawn,
I saw your recommendations in the Tribune article on waiting for Recovery. My question to you is should we sell our home now or next year?
We bought this home 7/2007 for $950,000. We have spent $150,000 plus. The last project is to have the outside of the house painted, which is scheduled for July.
We have been told that we could probably sell for $950,000.
The lot is about ¾ acre, the house is about 2500 sq feet.We realize we are losing money and our proposition 60 taxes. But the lot has proven too much for us. We would expect to buy a replacement home for about $850,000.
Our property taxes will increase ($6,000 to about $11,000 a year). We will look for the same size house, but a smaller piece of property in the same city.
If we wait, replacement house prices could rise and the property taxes could also rise. We do not have a mortgage. We are retired.
Thanks so much for any help you can give us.”
First off, it’s encouraging that they have a realistic view of the market and the value of their home. Too many sellers these days would insist that the value of their home is $950K + $150K = $1,100,000.
This couple seems to understand that the market doesn’t care how much you put into it. The market is just the market. A stock is worth what Mr. Market says it is, whether you’re making money or losing it.
[But wouldn’t it be great if the government would step in and make sure we don’t lose money in the stock market any more? Maybe they could set up a special fund and buy GM shares at $30 a pop for anyone who paid that much or more for them . . . it’s only fair]
And then those property taxes . . . it makes my stomach churn to think of this couple losing their Proposition 60 base year value transfer.
If they could somehow manage to become ’severely and permanently disabled’ they could transfer the tax basis one more time . . . but, um, that’s probably going a little too far.
The market is not going to be better next year. Of course, I could be excruciatingly wrong, but I don’t buy the ‘green shoots of recovery’ story.
If you can wait 7-10 years, maybe, but in a year we’ll still be unwinding, and things could be the same . . . and they could be much worse.
What happens if interest rates have a sudden change of heart? Jumbo loans are already difficult for many people to qualify for.
Because they own their property free and clear, they have more options than the average seller. If they are willing to offer terms, they could get top dollar regardless of market conditions.
My guess is that they could easily inch up to $1mil if they agreed to finance a buyer who just couldn’t qualify for a conventional loan for some reason.
They could:
(If they wanted to preclude the possibility of foreclosure, they could put the property in a land trust first. This would also preserve the existing tax basis on the property just in case they ever got it back again).
And if they have other cash reserves to buy their replacement property outright, then they’re set, because cash is king, and they should be able to get the lowest possible pricing.
But what if they don’t have $600,000 sitting around to polish off the cost of their new home?
What if they could find someone with a nice 5.5% fixed and ask them to leave it in place?
If the replacement property is also in a land trust, then the existing loan cannot be accelerated by the lender, and the existing tax basis (probably lower . . . $6,000?) could also be preserved to give this couple the equivalent of their Prop 60 base year value transfer.
I call the title holding (land) trust “Seller Financing on Steroids.” Especially in the jumbo markets, this strategy is empowering buyers and sellers and putting deals together where they otherwise wouldn’t be possible.
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If the replacement property is also in a land trust, then the existing loan cannot be accelerated by the lender,
Nice hypothetical, but what is the percentage of homes for sale that meet that criteria???
Nice title to the post. This is a question we are asked most often and the answer is' I do not have a crystal ball.'
Great way to come up with a solution. . .As much as they want us to be honest about being clue-less of what is going to happen next . . our clients still want options. .they want to see some kind of solution to their problems.
I get these questions almost everyday.
Good morning Dawn, with all of the options you have provided for the couple, now I'm curious for follow-up information . . . what did they decide to do? List?
The fact that these folks are being put into this position is really the problem. Good post and some creative thinking. What a bout a partial reverse mortgage to give them some income while they wait it out
It all depends-answer from a lawyer. It depends on the persons circumstances at the time
Hi Dawn, Good post. Thnaks for sharing.
Best - Sash
Hi Lenn,
Most properties are not in a land trust to begin with, but more and more people (especially with high end homes) are using this strategy. It has so many benefits and protections. Some are using it just to defer capital gains because they don't want to exchange right now.
When the deal is struck between parties, the first thing the seller does is place their property in the land trust, with themselves listed as the sole beneficiary. Legal and equitable title are passed to the trustee, the seller retaining the power of direction (which is personalty, not realty at this point).
Next, the seller assigns a portion of their beneficial interest in the trust to the buyer for an 'initial contribution' (down payment). Now they are partners in the trust together. Then, the buyer leases the property from the trustee to gain occupancy rights. So, if they default, they are simply evicted according to the tenant law of the state. Foreclosure is not necessary for the seller to regain possession of the property.
Hi Sara,
This couple decided to go ahead and list their property. If the sale will be conventional, or along the creative lines, I'm not sure yet. BTW, I am rarely a listing agent, and did not take this listing (I'm just not that good at being a traditional Realtor). I function as a referral source and consultant when creative solutions are required. The agent they choose will be familiar with seller financing strategies so I can help coordinate the transaction if necessary.
Hi Charlie,
Good thought, but this couple really isn't strapped for cash, and the main problem was the property was just too much for them to maintain. It was creating a quality of life issue and a physical/mental drain. And, I'd have to say that overall the 'waiting it out' strategy is not something I advocate for anyone who can't or doesn't want to own their property for at least another 10 years. I happen to think that the hangover from our last big real estate party won't wear off any time soon, and may very well get worse before it gets better.
Now, we could always hope for hyper-inflation, then it would seem like we were getting some hearty appreciation again. JK :)
Dawn