Oct 23, 2024 | Home Buyer Tips, Home Seller Tips, Homebuyer Tips, Homeowner Tips, Mortgage Tips, Real Estate, Real Estate Tips
What is the Homestead Act and How Does It Protect You from Creditors in Massachusetts?
The Massachusetts Homestead Act (MGL c. 188) is designed to protect the equity in your primary residence from being claimed by unsecured creditors. With the recent changes under the “Affordable Homes Act,” homeowners who have filed a *declared homestead* can now shield up to $1,000,000 of home equity from creditors. For elderly (age 62 or older) and disabled homeowners, the protection is even greater: eligible homeowners can “stack” their exemptions, safeguarding up to $2,000,000 in equity.
This protection applies to unsecured debts, meaning that creditors cannot force the sale of your home to recover these types of debts if you have filed a homestead declaration. However, it is essential to understand what this act does not cover.
What is the Elderly Homestead Exemption in Massachusetts?
The *elderly homestead exemption* allows homeowners who are age 62 or older to further protect the equity in their principal residence. By filing a homestead declaration and meeting the age requirement, elderly homeowners can “stack” their exemptions with other qualifying residents, effectively doubling the equity protection to $2,000,000. This provision also applies to disabled homeowners who meet specific disability criteria.
This expanded exemption offers significant peace of mind, ensuring that a substantial amount of home equity remains secure in the event of financial difficulties.
What is Not Protected by a Declared Homestead?
While the Massachusetts Homestead Act provides robust protections, it does not shield against all claims. The following types of debts and obligations are *not* covered by a declared homestead:
- Secured Debts: Mortgages, home equity loans, and property tax liens. If you default on your mortgage or property taxes, the lender or the government can still foreclose on your property.
- Spousal or Child Support Obligations: Court-ordered payments related to divorce or family support are not protected under the homestead declaration.
- Liens for Work Done on the Property: Mechanic’s or contractor’s liens resulting from work or improvements on the home are not exempt.
- Certain State or Federal Liens: Examples include IRS tax liens or state tax obligations that override the homestead protection.
Can a Lien Be Placed on a Homestead Property in Massachusetts?
Yes, a lien can be placed on a homestead property in certain situations. For instance, if you owe money for unpaid taxes, a creditor like the IRS or the Massachusetts Department of Revenue can place a lien on your home, even if you have filed a homestead declaration. Similarly, if a creditor wins a lawsuit against you and secures a judgment lien, they can place it on your property. However, the Homestead Act ensures that your home cannot be forcibly sold to satisfy *unsecured* judgment debts up to the protected amount.
It is important to seek legal guidance if you are concerned about potential liens or creditor claims affecting your homestead protection.
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Aug 23, 2023 | Real Estate Tips
The purchase and refinance mortgage processes are similar in many ways, but there are also some important differences. Here is a general overview of how each process typically works:
Purchase Mortgage Process
Determine your budget: Before you start shopping for a home, you need to figure out how much you can afford to spend. You can do this by calculating your monthly income, expenses, and debt, and getting pre-approved for a mortgage.
Find a property: Once you know your budget, you can start looking for homes that fit your criteria, whether that’s size, location, or other factors.
Make an offer: When you find a property you like, you can make an offer to buy it. This offer will include the price you’re willing to pay and any contingencies, such as inspections or financing.
Get a mortgage: If your offer is accepted, you’ll need to apply for a mortgage loan to pay for the property. You’ll need to provide documentation about your income, assets, and credit history.
Close the loan: Once your mortgage is approved, you’ll need to attend a closing to finalize the sale. This involves signing a lot of paperwork and paying closing costs, such as appraisal fees and title insurance.
Refinance Mortgage Process
Determine your goals: Before you start the refinance process, you need to determine why you want to refinance. Some common reasons include lowering your monthly payments, shortening your loan term, or cashing out equity.
Gather documentation: To refinance, you’ll need to provide documentation about your income, assets, and credit history, just like you did when you applied for your original mortgage.
Choose a lender: Once you have your documentation in order, you can start shopping around for a lender who offers the type of refinance you want, such as a rate-and-term refinance or a cash-out refinance.
Apply for the loan: After you choose a lender, you’ll need to submit a loan application and provide documentation to support your refinance goals.
Close the loan: Once your refinance is approved, you’ll need to attend a closing to finalize the loan. This involves signing paperwork and paying closing costs, such as appraisal fees and title insurance.
The purchase and refinance mortgage processes involve similar steps, but the specifics can vary depending on your situation and the type of loan you’re applying for. It’s important to work with a trusted lender who can guide you through the process and help you make informed decisions about your mortgage.
What are the Differences Between Purchasing and Refinancing a Home
While purchasing a home and refinancing a home both involve obtaining a mortgage, there are several key differences between the two processes. The primary goal of purchasing a home is to buy a property to live in or as an investment. The primary goal of refinancing a home is to replace an existing mortgage with a new one that offers more favorable terms.
The purchase process involves finding a property, making an offer, and going through the home buying process. Refinancing involves working with an existing mortgage lender or a new lender to replace an existing mortgage with a new one.
The timing of a home purchase is largely determined by the real estate market and the availability of properties that meet the buyer’s criteria. The timing of a refinance is largely determined by the borrower’s financial goals and the current interest rate environment.
Ultimately, the best decision for you will depend on your individual financial situation and goals. It is recommended to reach out to a real estate agent or mortgage originator who can provide personalized advice and guidance based on your specific needs and circumstances.
Aug 4, 2023 | Real Estate Tips
Purchasing a home is one of the most significant financial decisions many individuals make in their lifetime. It involves a substantial investment of money and requires careful consideration to ensure long-term financial stability. To navigate the complexities of the home-buying process, it’s essential to be well-informed about the various financial considerations involved. In this blog post, we will explore key factors to consider when buying a home to help you make informed decisions and achieve financial success.
Establishing a Realistic Budget:
Before diving into the home-buying process, it’s crucial to establish a realistic budget based on your financial situation. Consider factors such as your income, existing debts, credit score, and other financial obligations.
Saving for a Down Payment:
Saving for a down payment is a significant aspect of buying a home. Lenders typically require a down payment, which is a percentage of the home’s purchase price. Saving for a substantial down payment not only reduces the overall loan amount but also helps secure better mortgage terms, such as lower interest rates. Aim for a down payment of at least 20% to avoid private mortgage insurance (PMI) and decrease your monthly payments.
Understanding Mortgage Options:
Explore different mortgage options to find the one that suits your financial goals and circumstances. Common types of mortgages include fixed-rate mortgages, adjustable-rate mortgages (ARMs), and government-insured loans. It’s essential to carefully evaluate interest rates, terms, and potential risks associated with each type before deciding.
Considering Closing Costs and Additional Fees:
In addition to the down payment, be prepared for closing costs and other fees associated with purchasing a home. Closing costs typically include expenses like appraisal fees, loan origination fees, title insurance, and attorney fees.
Evaluating Long-Term Affordability:
While you may be able to afford the monthly mortgage payment currently, it’s essential to consider long-term affordability. Consider potential changes in your income, lifestyle, and expenses. Ensure that you have a realistic understanding of how your finances may evolve over time, accounting for future goals like starting a family, education expenses, and retirement planning.
Assessing Property Taxes and Insurance:
Property taxes and homeowners’ insurance are ongoing expenses that come with homeownership. Research the property tax rates in the area where you plan to buy a home and include them in your budget.
Maintaining an Emergency Fund:
Owning a home comes with unforeseen expenses, such as repairs, maintenance, and unexpected emergencies. Aim to have three to six months’ worth of living expenses set aside in an easily accessible savings account.
Getting Pre-Approved for a Mortgage:
Before house hunting, consider getting pre-approved for a mortgage. This process involves a lender reviewing your financial situation and creditworthiness to determine the amount they are willing to lend you. Pre-approval provides a clear understanding of your budget, strengthens your bargaining position with sellers, and speeds up the closing process once you find your dream home.
When buying a home, making well-informed financial decisions is crucial for your long-term financial well-being. Remember to evaluate long-term affordability and maintain a financial cushion to handle unexpected costs. By following these financial considerations, you’ll be better prepared to embark on your homeownership journey and achieve financial success in the long run.
Feb 1, 2023 | Real Estate Tips
Are you planning on using a mortgage to help cover the cost of a new home? If so, you will want to prepare your finances and figure out how you will manage all those wallet-draining monthly expenses. Let’s take a look at how to run a quick financial health check to ensure you are ready to apply for a mortgage.
Update (Or Start) Your Monthly Budget
First, it is essential to get the basics out of the way. If you haven’t already, it’s time to start a monthly budget to keep track of your income and expenses. Once you have a mortgage, it will be important to prioritize your monthly payments so that you don’t end up falling behind.
Starting a budget is easy and can be done with mobile apps, software, a spreadsheet or a pen and paper. List all sources of income so that you know exactly how much cash you are working with. Then, list out every one of your expenses. It can be tough to remember them all, so consider using debit and credit card statements from the past few months as a reminder.
Get A Copy Of Your Credit Report
Next, you will want to get a copy of your credit report so you can see what potential mortgage lenders will see when assessing your financial history. This is a free service that you can request once per year, so be sure to take advantage. Note that you will want to use government-approved websites for requesting your credit report. Be wary of scams.
Do You Have A Down Payment?
A down payment is not required for every home purchase, but having one saved up can make the buying process easier. The amount you will want to have saved up will depend on the cost of your home, whether you plan on carrying private mortgage insurance and a variety of other factors. If possible, try to save up an amount close to (or more than) twenty percent of the home’s purchase price.
Ready? Chat With A Professional
Now that you have run a quick financial health check, it is time to meet with a mortgage professional to discuss your options.
Jan 18, 2023 | Real Estate Tips
There are not many parts of your life that are private anymore. Today, it is relatively easy for someone to go online and look up your address in just a few minutes. At the same time, there are some people who have an easier time keeping their lives private. Celebrities, public officials, and other people who are frequently in the public light are able to conceal their addresses. Even if you aren’t famous, what do you need to do to hide your address?
Talk To A Real Estate Agent
If you want to keep your address private, the first thing you should do is talk to your real estate agent. There is a great chance that they have worked with someone who wanted to keep their address private in the past, and they can provide you with a list of steps you should take. Make sure the home you purchase is pulled off the MLS quickly. That way, someone has to go to the local Town Hall if they want to look up your home.
Use A Trust
You may also want to consider placing your home in a trust. A trust will specify how your assets are distributed after you pass away. You can use a trust to hide real estate purchases, meaning that only the name of your trust is going to be listed in public records. That way, people cannot find your address by simply looking it up online, as they will simply see your trust represented.
Form An LLC
You may also want to consider forming an LLC, also known as a limited liability company. The vast majority of locations do not restrict LLC ownership. This means that you can set up an LLC, specify the LLC as the owner of the property, and keep your name out of the public light. You may want to reach out to an attorney who can help you form an LLC.
Keep Your Address Hidden
The internet is a powerful tool, but you should not resign yourself to having your address listed online. Consider checking out a few of these options, and reach out to a professional if you would like help hiding your address after you purchase a new house.
Jan 13, 2023 | Real Estate Tips
Many people view their furry friends as members of the family. If you have pets at home, you need to make sure they are well taken care of. That means taking a closer look at an important pet safety checklist. What are a few of the most important items you need to include on this checklist if you want to make sure your dogs and cats are safe?
Regular Checkups Are Critical
First, you need to make sure that you take your pets to the veterinarian at least once per year. Just as you go to the doctor once per year, your pets need to go to the doctor once per year as well. Regular check-ups are important because the veterinarian could identify issues that you might not otherwise have noticed. In addition, this gives a veterinarian an opportunity to make sure your pets’ vaccinations are up-to-date.
Spay Or Neuter Your Pets
Unless you plan on having kittens or puppies, you also need to make sure that your dogs and cats are spayed and neutered. There are already far too many animals in animal shelters, so if you are not planning on breeding dogs and cats, you do not want to add to the population unnecessarily. There might be opportunities for you to get this operation financed, which could make it more affordable.
Lock Up Unsafe Items
Keep an eye on your home environment as well. Keep a close eye on how much human food you give your dog or cat. There are certain items that are simply not healthy for dogs and cats, and some items could be poisonous. You should also make sure that any cleaning supplies are locked behind a cabinet door. That way, your pets do not ingest anything that could poison them.
Protect Your Furry Friends
These are a few critical steps that you need to take to make sure your dogs and cats are safe. If you are interested in learning more about the steps you can take to protect your furry friends, consider reaching out to a veterinarian who can help you.
