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Janine Kirchnavy

What is Probate?

What is Probate? When an estate owner dies with a simple will or no estate plan at all, the estate must go through the probate process. This provides the beneficiaries, creditors and anyone else with a vested interest in the estate with a supervised forum in which to distribute assets and discuss the terms of the will. State laws supervise probate courts at the county level and asset distribution after a death.
The process of selling real estate through probate or trust is a court-regulated series of steps that must be carefully managed and monitored. The legal deadlines are unforgiving, documentation is unique, and the court’s oversight must be honored throughout the marketing, offer negotiations and escrow period of the property.
The Probate Real Estate Specialists
It is vitally important to select a real estate broker who is experienced is listing and selling Probate real property because the process is a court-regulated series of steps that must be carefully managed and monitored. The legal deadlines are unforgiving, documentation is unique, and the court’s oversight must be honored throughout the marketing, offer negotiations and escrow period of the property.
Buyers of Probate Real Estate
While buyers of probate and trust real estate may be looking for a bargain, their offers are legally limited by the court. An accepted offer must be 90% or more of the Probate Referee’s appraised value. Once a buyer is found, the real estate agent assists the seller in negotiating terms that are satisfactory to both parties.
If you need assistance selling real property through probate, trust or conservatorship, then let a team of qualified, caring experts come to your aid. We specialize in listing and selling Probate and Trust Real Estate. Call The Kirchnavy's Today! (909) 945-3662

Richard and Janine Kirchnavy - ATLAS REAL ESTATE (909) 945-3662

It would be our pleasure to assist you in your next real estate transaction.

Richard Kirchnavy - Broker License # 01016593

Janine Kirchnavy - Broker Associate License # 01048899

(909) 945-3662

Atlas Real Estate (909) 945-3662
10373 Trademark Street #A, Rancho Cucamonga CA 91730

A hidden Buyer Loan fee is set to rise - The Guarantee Fee

A hidden fee is set to rise - The Guarantee Fee

The guarantee fee – a hidden fee inside the interest rate quoted on a home mortgage – has been mandated by Congress to increase this spring, and other increases are likely later to take place later this year and next.

The guarantee fee has been charged by government sponsored entities like Fannie Mae and Freddie Mac for more than three decades. The fee does not show up in borrowers’ mortgage documents or good-faith estimates, and it is little known outside the industry. According to a Fannie Mae spokesman, the fee “gets incorporated into the underlying rate the borrower pays.”

An interest rate is usually made of up three parts: The largest goes to the bank or the investors who buy the loan; the smaller portion is for the mortgage servicer that collects monthly payments; and then there’s the guarantee fee. Fannie and Freddie charge guarantee fees as a form of insurance against default for the loans they acquire and resell to investors.

The guarantee fee will rise 10 basis points on April 1; the increase was included in the two-month extension of the payroll tax reduction last December. A basis point is equal to one one-hundredth of 1 percent, or 0.01 percent.


One way to avoid the guarantee fee is to use a lender that does not sell off its loans – for instance, a community bank or a credit union.


In addition to offsetting risks, the fees provide a primary source of revenue for Fannie Mae and Freddie Mac. Both organizations started raising fee rates in 2008 during the housing crisis, as foreclosure costs rose

Richard and Janine Kirchnavy - ATLAS REAL ESTATE (909) 945-3662

It would be our pleasure to assist you in your next real estate transaction.

Richard Kirchnavy - Broker License # 01016593

Janine Kirchnavy - Broker Associate License # 01048899

(909) 945-3662

Atlas Real Estate (909) 945-3662
10373 Trademark Street #A, Rancho Cucamonga CA 91730

SCAM ALERT: New California housing scam emerges

A New housing scam emerges in California. State officials have noticed an emerging scam: Callers say they will help homeowners apply for Keep Your Home California benefits for fees of up to $900. The calls are happening statewide.

The progam is legitimate however, applying for the program is free

Richard and Janine Kirchnavy - ATLAS REAL ESTATE (909) 945-3662

It would be our pleasure to assist you in your next real estate transaction.

Richard Kirchnavy - Broker License # 01016593

Janine Kirchnavy - Broker Associate License # 01048899

(909) 945-3662

Atlas Real Estate (909) 945-3662
10373 Trademark Street #A, Rancho Cucamonga CA 91730

Who Represents Who? Understanding Agency Relationships

Understand Agency Relationships

It’s important to understand what legal responsibilities your real estate salesperson has to you and to other parties in the transaction. Ask what type of agency relationship your agent has with you:

Seller's representative (also known as a listing agent or seller's agent)

A seller's agent is hired by and represents the seller. All fiduciary duties are owed to the seller. The agency relationship usually is created by a listing contract.

Buyer's representative (also known as a buyer’s agent)

A buyer’s agent is hired by prospective buyers to represent them in a real estate transaction. The buyer's rep works in the buyer's best interest throughout the transaction and owes fiduciary duties to the buyer. The buyer can pay the licensee directly through a negotiated fee, or the buyer's rep may be paid by the seller or through a commission split with the seller’s agent.

Subagent

A subagent owes the same fiduciary duties to the agent's customer as the agent does. Subagency usually arises when a cooperating sales associate from another brokerage, who is not the buyer’s agent, shows property to a buyer. In such a case, the subagent works with the buyer as a customer but owes fiduciary duties to the listing broker and the seller. Although a subagent cannot assist the buyer in any way that would be detrimental to the seller, a buyer-customer can expect to be treated honestly by the subagent. It is important that subagents fully explain their duties to buyers.

Disclosed dual agent

Dual agency is a relationship in which the brokerage firm represents both the buyer and the seller in the same real estate transaction. Dual agency relationships do not carry with them all of the traditional fiduciary duties to clients. Instead, dual agents owe limited fiduciary duties. Because of the potential for conflicts of interest in a dual-agency relationship, it's vital that all parties give their informed consent. In many states, this consent must be in writing. Disclosed dual agency, in which both the buyer and the seller are told that the agent is representing both of them, is legal in most states.

Designated agent (also called appointed agent)

This is a brokerage practice that allows the managing broker to designate which licensees in the brokerage will act as an agent of the seller and which will act as an agent of the buyer. Designated agency avoids the problem of creating a dual-agency relationship for licensees at the brokerage. The designated agents give their clients full representation, with all of the attendant fiduciary duties. The broker still has the responsibility of supervising both groups of licensees.


Richard and Janine Kirchnavy - ATLAS REAL ESTATE (909) 945-3662

It would be our pleasure to assist you in your next real estate transaction.

Richard Kirchnavy - Broker License # 01016593

Janine Kirchnavy - Broker Associate License # 01048899

(909) 945-3662

Atlas Real Estate (909) 945-3662
10373 Trademark Street #A, Rancho Cucamonga CA 91730

7 Reasons to own you own home

7 Reasons to Own Your Home

1. Tax breaks. The U.S. Tax Code lets you deduct the interest you pay on your mortgage, your property taxes, as well as some of the costs involved in buying your home.

2. Appreciation. Real estate has long-term, stable growth in value. While year-to-year fluctuations are normal, median existing-home sale prices have increased on average 6.5 percent each year from 1972 through 2005, and increased 88.5 percent over the last 10 years, according to the NATIONAL ASSOCIATION OF REALTORS®. In addition, the number of U.S. households is expected to rise 15 percent over the next decade, creating continued high demand for housing.


3. Equity. Money paid for rent is money that you’ll never see again, but mortgage payments let you build equity ownership interest in your home.

4. Savings. Building equity in your home is a ready-made savings plan. And when you sell, you can generally take up to $250,000 ($500,000 for a married couple) as gain without owing any federal income tax.

5. Predictability. Unlike rent, your fixed-mortgage payments don’t rise over the years so your housing costs may actually decline as you own the home longer. However, keep in mind that property taxes and insurance costs will increase.

6. Freedom. The home is yours. You can decorate any way you want and benefit from your investment for as long as you own the home.

7. Stability. Remaining in one neighborhood for several years gives you a chance to participate in community activities, lets you and your family establish lasting friendships, and offers your children the benefit of educational continuity.

Online resources: To calculate whether buying is the best financial option for you, use the “Buy vs. Rent” calculator at
www.GinnieMae.gov.