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GUEST BLOGGER: Organizing Your Home Buying and Selling Paperwork: Tips for a Smooth Process

March 15, 2024 by Marc Jacob Leave a Comment

The home buying and selling process is an exciting experience. However, it can also be complex and stressful, especially when it comes to the paperwork involved. From contracts, property disclosures, and loan applications, to inspection reports, the amount of paperwork can seem overwhelming.Files

Staying organized and keeping up with the paperwork is essential for a successful transaction. Explore these useful tips to help you keep up with the paperwork and eliminate any last-minute surprises.

Consult with Your Attorney

Your lawyer is the best resource you have during the home buying and selling process. They are objective and their job is to protect you from the process as well as from the various other professionals involved who only get paid if you close on the purchase or sale.  There will be many bumps in the road, one or more of which might give you concern about proceeding any further.  An real estate attorney experienced with home purchases and sales in your locality will be able to modify “standard” contract language to be tailored for your protection and the nuances of your deal and will know when something looks out of the ordinary and is a cause for concern.

Consult with Your Agent

Your real estate agent is      the person most familiar with the process and any “standard” paperwork involved (particularly if you are using a Realtor® or other trade group contract form) and can provide guidance and advice on what to expect. They should be your partner throughout the transaction, ensuring that each document is in order, and on time. They will also be the go-to person to communicate with the other third-party providers involved in the transaction, such as the title company, appraiser, and inspectors, and they may be able to introduce you to a lender if you don’t already have one. In short, professionals can make the process as seamless as possible by keeping you informed about necessary documents and deadlines, but remember that your agent is not a licensed attorney and cannot offer you legal advice.

Timeline and Deadlines

The home buying and selling process has a timeline that includes many deadlines. Once you have a clear understanding of the timeline, be sure to document it. This will help you keep track of when specific documents are due, such as the property inspection report or the lender’s appraisal. It’s also helpful to crosscheck the timeline with any deadlines set by the seller or the lender. Missing a deadline can result in delays or even the loss of your dream home. Therefore, being organized and keeping track of deadlines is crucial.

Pick Documents You’ll Need

Each home-buying and selling transaction is different, and therefore the necessary documents will vary. It’s essential to ask your real estate agent or lender for a list of the documents you’ll need in advance. Reviewing the list of required documents will give you a sense of the process and allow you to anticipate what paperwork will be needed. Moreover, researching the documents ahead of time will give you the opportunity to ask for additional information or clarification if needed.

PDFs Help with Updating Paperwork Regularly

During the home buying and selling process, things can change quickly, and you must keep up with the updates. For example, a change in the purchase price could impact the type of loan you are receiving. Keeping all documents updated regularly will ensure that you are always on the right path and avoid any confusion or misunderstandings. Grab a free tool  used to convert to a PDF file so you can make changes on the fly. Putting tech to work can turn your mountains of paperwork into a breeze.  Make sure to file each document after it is signed in a special folder dedicated to this transaction.  If you don’t have it, request it from whomever should have it, such as your agent, lawyer, lender, title company or inspector.

Setting Reminders

Keeping track of deadlines can be challenging, especially when you have several documents that need to be submitted at different times. Therefore, it’s beneficial to set reminders for yourself. Whether it’s through your phone, email, or calendar, setting reminders will help you stay on top of the paperwork and ensure that all documents are submitted on time.

You should also organize the other aspects of your process with reminders. Things like tidying and cleaning can take time. It’s best to keep on top of your home and keep some hacks in the back of your mind in the event you have a last minute showing or something pops up. Things like tidying your child’s playroom can take as little as 30 minutes with the right strategies, but if you’re caught completely off-guard, a minor hiccup can upset your whole timeline.

Dedicate a Specific File Drawer

If you are still using paper files,      with so many documents involved in the process, it’s essential to keep everything organized in one place. By dedicating a specific file drawer for the paperwork, you will save yourself time and effort. Moreover, by having all the paperwork together, you can quickly refer back to documents if needed. Be sure to label the files clearly, organize the paperwork chronologically, and separate them by categories, such as inspections, contracts, and disclosures.

In conclusion, the home buying and selling process can be stressful, but staying organized and on top of the paperwork will make the process smoother and more efficient. Consult with your agent, understand the required documents, dedicate a specific file drawer for physical copies, etc. By following these tips, you can minimize any surprises and enjoy a stress-free transaction.

Guest Blogger:  Michael Longsdon – Michael is the creator of ElderFreedom.net.  He advocates for the rights and support of seniors. In his free time, you can probably catch Michael at the dog park.

If you are buying or selling a home, or if you have a Real Estate or Business Law matter and would like to discuss it in greater detail, we can be reached at 314.862.2237 or just fill out our contact form by clicking here.

Filed Under: Uncategorized

What Should I Do After I Purchase a Property at a Tax Sale in Missouri?

August 25, 2023 by Marc Jacob Leave a Comment

As you now know firsthand, obtaining a property through a tax sale can be an exhilarating experience for investors, especially if the property was acquired at a favorable price. However, the journey doesn’t end once the auction is concluded. There’s a slew of important steps to follow to ensure a smooth transition and to maximize the potential of your new asset. Let’s delve into what to do after you’ve secured a property via tax sale.

 

  1. Understand Your Right of Possession

First and foremost, understand when you can take possession of the property. In Missouri, there is a 1-year redemption period for properties sold for either the first or second time at tax sale. There is a 90-day redemption period for properties sold at a third tax sale (or later). This redemption period begins once you have provided the necessary notices to the original owner. During this period, the original owner can repay the owed taxes plus interest on the amount of tax owed and reclaim their property. To learn more about the redemption process and obtaining a deed for the property in order to have a right of possession, please read one of our previous blogs by clicking here.

 

  1. Secure and Inspect the Property

Once the redemption period has expired and the deed granting you possession has been recorded, your next step should be securing the property. Change the locks, secure any broken windows or doors, and, if necessary, set up a security system. After securing, conduct a thorough inspection. This will help you identify any issues, like structural damages or pest infestations, that might need immediate attention.  Consider bringing a trusted contractor with you during this visit.  You can either bring one who will come for free in exchange for a hope that they will get the job making the repairs, or you can pay for one to come give you an independent assessment and then bid out the work.

 

  1. Address Legal Matters
  • Quiet the Title: In many cases, properties obtained via tax sales come with ‘clouded’ titles due to potential liens or claims. You might need to initiate a ‘quiet title’ action in court to clear any ambiguities and confirm your clear ownership. The County makes no warranty of title in the deed it issues to you, so even clearing the name of the owner who lost the property to the County in the tax sale often needs to be handled with Quiet Title Suit.
  • Unlawful Detainer: If the property is still occupied by the former owner or tenants, or by squatters, you might need to initiate an unlawful detainer proceeding. Always follow the legal process and consider consulting with an attorney to ensure you’re compliant with local regulations.

 

  1. Assess the Financial Implications
  • Understand the ongoing costs associated with the property:
  • Property Taxes: Make sure all future property taxes are paid on time to avoid finding yourself on the other side of a tax sale.
  • Insurance: Ensure the property is adequately insured. Ideally, arrange for home owners insurance to take effect on the date the deed is issued to you by the County.
  • Maintenance and Repair Costs: Budget for any immediate and long-term repairs, as well as ongoing operating expenses and assuming a reasonable vacancy rate.

 

  1. Plan for the Property’s Future
  • Decide on the primary purpose of the property:
  • Immediate Resale: If the local real estate market is thriving, you might consider selling the property immediately – potentially to another investor who is interested in flipping the property.
  • Renting Out: If you’re eyeing a steady stream of passive income, turning the property into a rental might be the right move.
  • Renovations and Flipping: For those with a knack for renovations, the property can be transformed and then sold at a higher price.

In conclusion, obtaining a property through a tax sale is only the beginning. The subsequent steps, from ensuring legal clarity to deciding on the property’s purpose, are equally crucial in making the acquisition a successful venture. By following the outlined post-acquisition steps and continually educating yourself on real estate dynamics, you can transform your tax sale purchase into a profitable investment. Always consider seeking advice from professionals, such as real estate attorneys, real estate agents, and financial advisors to navigate any complexities.  Remember also, that every county has a somewhat different process and timeline for tax sales, though they do all need to comply with state statutes.

If you are considering or already have purchased a property at a County Tax Sale, City Tax Sale, Trustee’s Sale or Sheriff’s Sale, or otherwise have a title issue we might be able to clear up with a Quiet Title action, please reach out to us and take advantage of the flat fee pricing we can usually offer in this area.  Contact us today by clicking here, or by calling us directly at 314.862.2237 and letting us know you need a Quiet Title Lawsuit or want to discuss Purchasing Tax Sale Property.

Filed Under: Quiet Title Suits and Tax Sales, Real Estate, Tax Sales and Quiet Title, Uncategorized

Commercial Leasing For Small Businesses

September 22, 2016 by Marc Jacob

I (Marc Jacob) just wanted to share some personal thoughts on this topic since I get called upon to speak about it or weigh in on it quite a bit.  There is quite a bit of danger to a small business going into a new commercial lease.  While that term sheet you approved may look relatively benign, the devil is really in the details, and in the case of commercial leasing, those details are likely to be 20-60 pages long!

To navigate that process, it’s important that you bring in legal counsel early on in the process.  We’ve seen a number of clients give away things in the term sheet they did not have to, and once that term sheet is done, it is hard to get a landlord to open it back up for negotiation…whether it’s considered impolite or amateurish, or perhaps even dishonest no matter how innocently done, I am not sure, but does seem to be the customary way to deal with it in St. Louis.

So here are some basic considerations to consider, and to discuss with your attorney:

  1.  Will s/he agree to a flat fee or partial contingent fee to help you out (at least barring any unexpected happening)?
  2. How fast will the turnover be before you see their notes or get to discuss the lease review?
  3. What is the deliverable? Is it a marked-up lease, a redlined lease, or just a conversation?
  4. Will they agree to either conduct the negotiations or help you in the shadows for the same flat fee?

Anyhow, this is a short post, but it is just a topic that has been coming up and since it really is such a danger area for a small business and can cause so much stress, I wanted to share with you at lease some thoughts on how to find the right lawyer to help you.  As a small business owner, your budget is already tight, so it’s better to know up front what this cost will be before getting in too deep.  Also, your lawyer might know which landlords in town are more difficult or likely to be heavy handed and can guide you even before you get to the term sheet stage.

Happy Leasing!

Filed Under: Uncategorized

Am I Allowed to Add an Addendum to a Standard Real Estate Contract?

September 1, 2015 by Marc Jacob

Yes you are allowed to add an addendum to a “Standard” Real Estate Contract. We often help clients add one addendum or more.

Associations that generate standard forms generally have standard addenda to accompany those forms. Sometimes you can use those. In other cases, when either there is no access to such standard addenda, or there is none that fits your situation or purpose, your attorney can put together custom addenda to present to both sides for signature.

Drafting a Contract Addendum
Drafting a Contract Addendum

Buyers and Sellers should recognize that the protections offered in standard form contracts and addenda might not match up with the protections they would want in the deal. See our post on standard form contracts here.

Banks, relocation companies, institutional housing investors and other parties connected to a deal all have their own standard addenda that they may require to be attached and incorporated into any residential sale they are apart of.

Both Buyer and Seller should be aware that the right to attach such modifications to the contract is not exclusive to big parties, such as lenders and title companies. Buyers and Sellers also have this right and should feel free to exercise it upon the advice of their attorney, as appropriate to the circumstances of the deal.

If you have questions about addenda, or would like us to draft one for you, please contact us at 314.862.2237 or at mjacob@marcjacobesq.com

Filed Under: Uncategorized

How To Use This Section Of Our Website

February 4, 2015 by Marc Jacob

At the time information is published on this site, it is believed to be accurate.

Please use the “Search this website” bar at the right or at the top of the page to search our topics”.

Please also feel free to contact us if you have a Real Estate, Business  or Nonprofit Law matter and would like to discuss it in greater detail.  Click here to schedule a consultation or here to contact us through this website.

Filed Under: Uncategorized

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  • GUEST BLOGGER: Retirees Looking To Homestead Can Use These Tips For Buying A Property

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  • GUEST BLOGGER: Organizing Your Home Buying and Selling Paperwork: Tips for a Smooth Process
  • What Should I Do After I Purchase a Property at a Tax Sale in Missouri?
  • What are the Five Most Common Questions We Get Asked About Quiet Title Suits?
  • Tax Sales & Title Issues in St. Louis County
  • GUEST BLOGGER: Retirees Looking To Homestead Can Use These Tips For Buying A Property

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