Jul 9, 2024 | Home Mortgage, Homeowner Tips
In the world of real estate transactions, the significance of acknowledgements cannot be overstated. Whether you’re a notary, a title examiner, or a real estate professional, understanding the requirements and potential pitfalls of acknowledgements is crucial. In this blog post, we’ll delve into the Massachusetts requirements for acknowledgements, explore common pitfalls to watch out for, and discuss the implications of fraudulent deeds and mortgages.
What is an Acknowledgement?
An acknowledgement is a formal statement by the grantor that the execution of the instrument was their free act and deed. This statement is essential in verifying the voluntary nature of the signature and ensuring the validity of the document. In Massachusetts, there are statutory definitions that provide a framework for acknowledgements, emphasizing the need for satisfactory evidence of identity and voluntary signing.
Requirements for Acknowledgements In Massachusetts, the acknowledgement process involves verifying the identity of the individual signing the document through satisfactory evidence, such as a current government ID with a photo. Additionally, the signatory must confirm that their signature was voluntarily affixed for the stated purposes within the document. Notaries and real estate professionals must be familiar with these requirements to ensure compliance and validity of the documents.
Pitfalls to Watch Out For
One of the common pitfalls in acknowledgements is the omission of the name of the person who appeared in the acknowledgement clause. This seemingly minor defect can have significant implications, leading to challenges in recording the deed or mortgage and potential issues in bankruptcy cases. Additionally, defects in acknowledgements can impact the marketability of title, posing challenges for sellers and buyers alike.
Entity Authority and Fraud Risks When dealing with deeds and mortgages involving entities, it’s crucial to ensure that the acknowledgement contains the necessary language to reflect the entity’s authority. Failure to do so can result in validity issues and potential challenges in the future. Moreover, the risk of fraudulent deeds and mortgages underscores the importance of thorough verification and due diligence in the acknowledgement process.
Acknowledgements play a vital role in real estate transactions, serving as a cornerstone for validating the voluntary nature of signatures and ensuring the integrity of documents. By understanding the Massachusetts requirements for acknowledgements, being vigilant of potential pitfalls, and addressing entity authority and fraud risks, real estate professionals can navigate transactions with confidence and uphold the validity and marketability of title.
In summary, acknowledgements are not just procedural formalities but essential safeguards in the realm of real estate, warranting careful attention and adherence to statutory requirements. By staying informed and proactive, professionals can mitigate risks and uphold the integrity of real estate transactions. If you have any questions at all about this subject or any other Massachusetts Real Estate legal matter, please give one of our Attorneys a call.
Jul 6, 2023 | Home Mortgage
Calculating mortgage payments involves several variables, including the loan amount, the interest rate, and the loan term. Here are the steps to calculate mortgage payments:
Determine the loan amount: This is the amount you will borrow to purchase the property. For example, if you plan to buy a house for $300,000 and you plan to put down a 20% down payment ($60,000), your loan amount will be $240,000.
Determine the interest rate: The interest rate is the cost of borrowing the money. It is expressed as a percentage. For example, if the interest rate is 4%, you will pay 4% of the loan amount in interest each year.
Determine the loan term: This is the length of time over which you will repay the loan. For example, if you have a 30-year mortgage, you will make 360 monthly payments (30 years x 12 months).
You can use the following formula to calculate your monthly mortgage payment:
M = P [ i(1 + i)^n ] / [ (1 + i)^n – 1]
Where:
M = monthly mortgage payment
P = loan amount
i = interest rate (monthly)
n = loan term (number of months)
Using this formula, you can calculate your monthly mortgage payment by plugging in the values for P, I, and N.
Alternatively, you can use a mortgage payment calculator to calculate your mortgage payment If you choose a mortgage calculator, you will need to know your income, expenses, and debts. This information will help you determine how much you can afford to borrow. You can find a mortgage calculator online or through a mortgage lender’s website. Make sure you use a reliable calculator. Once you have a mortgage calculator, enter your financial information into the calculator. This includes your income, expenses, debts, and the loan term. Use the calculator to adjust the variables such as the interest rate, down payment, and loan term to see how they affect your monthly payment and the total cost of the loan.
The mortgage calculator will provide you with an estimate of how much you can afford to borrow, what your monthly payment would be, and the total cost of the loan. Make sure the results fit within your budget and financial goals. If you’re ready to move forward with a mortgage, it’s a good idea to consult with a mortgage lender to discuss your options and get pre-approved for a loan. They can also provide you with more information on closing costs and other fees associated with the mortgage.
May 2, 2023 | Home Mortgage
Are you in the process of selling your home? You probably want to buy a new one right now to ensure you have another house to move into, but what happens if you do not have the cash to buy a home right now? You might need to cash from your current home before you can purchase your next home, but can you really wait to sell your house before buying another one? A bridge loan can help you fix this issue.
What Is A Bridge Loan?
A bridge loan has been specifically designed to let you tap into the equity you have in your current home and use that equity to buy another house. Essentially, you will borrow against the equity in your home, giving you the cash you need to buy your next house. Then, when you sell your current house, you will use the cash from the sale to pay off the bridge loan. That way, you don’t have to worry about selling your current house before you can buy your next one.
How Does The Repayment Process Work?
Like any other loan, you will have to make regular payments on the bridge loan even before you sell your current house. On the other hand, you might not have to pay down any of the principle until your sell your first home. Generally, you need to pay back the loan in a few months, and there is typically a balloon payment at the end that you pay when you sell your house.
Is It Right For Me?
Generally, you should consider getting a bridge loan if you need more flexibility when buying a house. Keep in mind that the loan will come with a slightly higher interest rate when compared to a mortgage, but it could make it easier for you to buy your next home.
Consider Getting A Bridge Loan If You Are Buying A Selling A House
If you are looking for some additional flexibility during the buying process, a bridge loan could help you. You should think carefully about whether you can qualify for a bridge loan and whether it is right for you. Consider reaching out to an expert who can help you.
May 8, 2020 | Buying Real Estate, Home Mortgage, Mortgage, Real Estate, Realtors
As you have probably heard, on April 27, 2020, Governor Baker signed, a new law, “An Act Providing for Virtual Notarization to Address Challenges Related to COVID- 19,” now Chapter 71 of the Acts of 2020.
The new law provides a framework and process for a Massachusetts Attorney to notarize documents with the use of video conferencing allowing the notarization of documents without meeting the statutory “in-person” requisite. Based on the requirements of the law, the following is an example breakdown of the process which would be followed under the law. If you would like more information on the law and the process contact us and we can schedule a video conference with Attorney Rocheford, you and your team to provide a detailed explanation of the law and the process.
Sample Virtual Notarization Process:
- Closing documents will be provided to the borrower/signor (individuals signing) by FedEx or another express carrier. This is the preferred method for getting documents to the signor.
- Alternative options (additional fees may apply):
- The documents can be sent securely in electronic form (PDF).
- The documents can be picked up in person.
- The documents can be delivered to the borrower/signor by courier.
- Borrower will print the documents; in the event they are provided electronically.
- Borrower will review all the documents and make note of any questions or concerns.
- Borrower will send an email with any questions or concerns they may have.
- Once questions and concerns are addressed, at a prescheduled time, borrower will join a Zoom meeting with Attorney/Notary and establish a video call.
- During the video call, the borrower will sign and acknowledge the mortgage and other documents that require notarization. All other documents will be signed prior to the video call.
- Borrower will return the original signed paper documents to the Attorneys office.
- Once the original, signed paper documents are received back a second video call with the borrower to confirm/complete the notarization will be scheduled.
- After the second video call the closing/documents will be processed as normal.
- In certain cases, some of the closing documents may be able to be signed electronically. However, any document that requires notarization will need to be processed virtually in compliance with the Act. The Act does NOT provide for electronic notarization, and the Act does not provide for electronic signatures for documents that will be record.
- To be physically located in Massachusetts
- Blue ink pen
- One government issued photo ID
- One additional form of government identification
- Ability to provide a copy or photograph of their IDs
- Internet access to Zoom.us
- Video camera with audio (Facetime is not an option)
- The ability to return original, singed documents back to our office promptly.
- A Virtual Notarization Affidavit will be executed by the notary for each transaction
- The Zoom conferences will be recorded
- The affidavit and video conference recording will be kept on file for 10 years
Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire
“I would highly recommend David as a closing attorney. I have known David and have been using his office for many years. David’s professionalism when dealing with me, my closing department and most especially my clients has been always exemplary.”
SENIOR LOAN OFFICER, SHAMROCK FINANCIAL SERVICES
“The Law Office of Attorney David R. Rocheford, Jr. is by far the most exceptional real estate law office that I have had the pleasure of working with. The professionalism is by far second to none.”
SENIOR LOAN OFFICER, SALEM FIVE MORTGAGE SERVICES
“Attorney David Rocheford has provided settlement and title services for me and Greenpark Mortgage several years. He has assisted all of my clients, including my family and friends with mortgage closings. Always providing excellent service. Reliable and trustworthy!”
Jun 21, 2018 | Home Mortgage, Real Estate
A-Frame houses have spiked in popularity over the last couple of years. These adorable homes can be quirky or sleek and modern. They are shaped like a triangle — hence the name. A-Frame houses are shaped like the letter A. The walls begin near the foundation and slope upwards in a slant. The walls meet at the top to form a triangle or A-shape.
A-Frame houses are popular all over the United States. They are ideal for second or vacation homes. The big windows make them especially popular in very picturesque locales. This feature allows homeowners to enjoy fabulous views of the ocean, mountains or countryside.
Characteristics Of An A-Frame House
A-Frame houses have very specific characteristics. Here are some of the features of an A-Frame house:
- Open floor plan
- Loft space
- Large windows
- Wood siding
- High interior ceilings
- Gables in the back and front
Benefits Of An A-Frame House
Many buyers love A-Frame houses for several reasons. They have large windows, which allows plenty of natural light to enter the home. The large windows also make them ideal for scenic views.
A-Frame homes are also quite inexpensive and straightforward, which is another reason that they are prevalent vacation homes.
Who are A-Frame Homes Ideal for?
Many outdoor types of families love A-Frame houses because they are ideal for beautiful natural settings. A-Frame homes are also ideal for buyers looking for a vacation home in a pretty location. They are also great for investors or first-time home buyers.
If you are looking to buy in a prime waterfront location, you might consider an A-Frame house, as well. They are perfect for buyers wanting to build a private escape on a couple of acres of land.
Who Should Not Buy An A-Frame Home?
A-Frame homes aren’t for everyone. While they are an excellent option for first-time home buyers or buyers looking for a vacation property, they are not ideal for all buyers.
For example, buyers in Florida would be better served looking for a different type of home. A-Frames may not be suitable in some climates since they are constructed with wood. This fact makes them potentially more susceptible to storm and termite damage.
Also, A-Frame homes are probably not ideal for larger families that need a lot of storage space. A-Frame houses typically have limited storage space because of the shape of the roof.
Contact your trusted real estate for updates on what unique and interesting properties are available in your area.
Feb 1, 2017 | Home Mortgage, Uncategorized
November home prices grew by 5.60 percent year-over-year on a seasonally adjusted basis according to Case-Shiller’s reading on National Home Prices. National average home prices rose 0.80 percent from October to November. Case-Shiller’s 20-City home price index revealed that the West and Mountain regions continue to hold the top three growth rates for home prices. Seattle posted a seasonally adjusted growth rate of 10.40 percent which was closely followed by Portland, Oregon’s year-over year average home price gain of 10.10 percent. Denver rounded out the top three home price growth rates included in the 20-CityiIndex with a year-over-year gain of 8.70 percent.
Top readings for month-to-month home price gains for the 20-City home price index were 0.20 percent for Seattle, Washington and Portland, Oregon. Denver, Colorado posted a month-to-month gain of 0.60 percent. Analysts said that home prices may be topping out in some cities; San Francisco, California was one of two cities posting lower home prices in November than for October. San Francisco home prices enjoyed rapid and stratospheric gains in recent years, but may have reached a threshold as fewer buyers can afford to purchase such high-priced homes.
Home Prices Approach Pre–Recession Levels
September’s national home price gains matched the pre-recession peak achieved in mid- 2006. While this is positive news, the 20-city index currently averages 7 percent below its prior peak level. It’s important to note that the 20-city index does not include Philadelphia, Pennsylvania and Houston, Texas metro areas, which have enjoyed significant growth in home prices. Home prices for cities included in the 20-city index remain about 7 percent lower than their previous peak, but are 40 percent higher than their lowest point in 2012.
David M. Blitzer, Managing Director and Chairman of the S&P Dow Jones Indices committee, said that November’s readings on home prices appear to indicate that home price gains have escaped the boom-or-bust cycles seen in the last dozen years or so.
Rising Mortgage Rates, Home Prices Present Obstacles for Buyers
While homeowners listing their homes for sale continue to enjoy appreciation home values, would-be home buyers are being sidelined by the effects of accelerating home price growth and higher mortgage rates, which are expected to continue increasing. As with San Francisco, more cities included in the Case-Shiller home price indices may see slowdowns in home price growth and home sales as affordable homes and home loans slip out of reach.
