Friday, August 16, 2013

Dealing with a low real estate appraisal


When buying a home, mortgage lenders typically require a property to appraise at or above the purchase price in order to fund a home loan.  This is to ensure that the collateral, the property, is worth more than the loan amount in the event they need to foreclose on the property. 

With the recent changes to the market and the lending environment, low appraisals are unfortunately becoming more and more commonplace.  This article will focus on how to potentially increase an appraisal and what to do if you receive a low appraisal.

If you are selling, here are some things you can do to potentially increase the appraised value of your home. 

1.      Provide a detailed list of every improvement that you made to the property while you owned it.  Did you replace any appliances?  Did you update light fixtures or hardware?  Did you add or replace a deck?  Include the costs of any improvements.  When were the improvements made?  Do you have appropriate building permits and certificates of occupancy?  I would prepare this list in advance and in writing so that you are sure not to forget anything while the appraiser is at your home.   

2.      Make sure both the interior and exterior of the home is clean and clutter free.  The appraisal is based, in part, on the condition of the home compared with other properties in the neighborhood.  A clean and clutter free home is more likely to provide a favorable impression resulting in a higher appraisal amount.  Likewise, if you can, repair broken items or finish any incomplete projects before having the house appraised.   

3.      Make sure the appraiser has access to the entire property.  If you have outbuildings, make sure that they can get into the outbuildings.   

4.      Gather a list of comparable home sales in your area.  What are similar homes selling for?  If you are utilizing the services of a real estate agent, your agent can assist you with these efforts.   

5.      Have documents such a surveys and house plans available for the appraiser to review.  You want to be sure the appraiser has the appropriate lot size and square footage. 

So your appraisal comes in too low, now what? 

You and your real estate agent should review the appraisal to see if there are any errors.  Errors might include the wrong square footage, the wrong lot size, and omitting comparable homes.  Is the information for the comparable homes accurate?  Is the appraiser familiar with the area?  If errors are found, the appraiser may revise his or her report or your lender may be willing to allow a second appraisal.  Please note that it is rare that an appraisal is successfully challenged. 

The parties have several options in dealing with a low appraisal.  Frequently, contracts of sale provide that the deal may be canceled if the appraisal is too low.  Often sellers reduce the purchase price to the appraised value so that the lender will fund the loan and save the deal.  Another option is that the purchaser could make up the difference between the purchase price and the appraised value in cash.  This option is more likely when the appraisal is only a few thousand dollars lower than the purchase price.  The seller and buyer could also agree to meet in the middle.  The seller reduces the price and the buyer brings more cash to the table.  Lastly, the parties may cancel the sale if the contract allows. 

If you need assistance when buying or selling a home, be sure to obtain competent legal representation to guide you through the negotiation process.  This article is not intended to be legal advice and does not establish an attorney client relationship.  If you wish to speak with Ms. Cassidy on a specific legal matter, please contact her at 845-981-7223.

Thursday, January 17, 2013

Landlord Self Help

It can be frustrating for a landlord when a tenant fails to pay rent on time.  A landlord may not be able to pay the mortgage, pay utilities or the property taxes.  When this occurs many landlords are tempted to turn off the utilities or lock the tenant out in an effort to force the tenant to move out.  These efforts are commonly refered to as "self help" and can lead to significant civil and criminal consequences.  The only person who can forcibly remove a tenant from a property is the Sherrif with a court ordered warrant of eviction.

New York Law provides for a summary proceeding that allows landlords to quickly evict tenants who fail to pay rent.  These proceedings take place in your local justice court.  After a successful eviction proceeding, the Judge will sign a warrant of eviction and a judgment for any rent that is owed.  Once you have a warrant of eviction, you can present it to the local Sherrif's office who will schedule an eviction. 

Although this process takes some time and some money to complete, it ensures that you have lawfully evicted a tenant.  In contrast, New York Law provides for criminal and civil penalities if a landlord unlawfully removes a tenant.  For example, the Real Property Actions and Proceedings Law provides that a tenant may be awarded treble (triple) damages.  Damages can quickly escalate to the point that they far exceed the rent owed and you end up owing the tenant money rather than the otherway around. 

If you need to evict a tenant for non-payment of rent, contact competent legal counsel to guide you through the process. 

This blog is not intended as legal advice and does not establish an attorney client relationship.  If you wish to speak with Elizabeth Cassidy on a specific legal matter, please contact her at 845-981-7223.

Thursday, January 3, 2013

Make a list

When renting any space, make a list of any and all issues with the space before you take occupancy.  Are there existing stains in the carpet, holes in the wall, broken door knobs?  No matter how small an issue may be, write it down so that you have a record that you didn't cause the damage.  Better yet, take pictures.  Provide the list to your landlord and keep a list for you.  This way if there is any dispute at the end of the lease, you have evidence that you didn't cause the damage. 

Wednesday, January 2, 2013

It takes time

Many of my clients buying or selling a home ask: "How long is it going to take to close?"  The answer is always - longer than you would like it to.  The time it takes to close varies based on a number of factors.  These factors can include:

  • How long it takes for contracts to be negotiated
    • Does something come up that requires contracts to be renegotiated?  For example, the appraisal can come in too low for the lender to loan.
  • The survey...is there bad weather
  • The lender's time frame
  • Acts of God - no I am serious.  When my husband and I bought our home, the County Government Center was closed due to Hurricane Irene and Tropical Storm Lee which prevented the title company from doing its title search.
Whether buying or selling, allow extra time for the closing.  It may take longer to happen, but as the saying goes, good things come to those who wait.