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How "recording" safeguards you.

By
Real Estate Broker/Owner with (831) 626-4000 CA #01772851 HI #RB-21268

There is no such thing as a "handshake deal" if you have anything to do with real estate. Not only that, but you might have to prove what "position" you have in the purchase.

1. If you buy a piece of real estate, get it recorded. Or the seller might try to sell it again; then you have to prove that you are the rightful owner (by having your deed/contract recorded) and the erstwhile seller has no right to sell it (again).

2. If you sell a piece of real estate and you finance any part of it, get it recorded. Sellers used to do some owner financing, in essence, being the 2nd in line to get paid. In either case, 1st, 2nd or 3rd in line, WHO records first is 1st in line to get paid. Nowadays with so many foreclosures and short sales, the homeowner who is not in 1st position has a hard time to collect on his loan. In case of a foreclosure, he probably gets nothing. My suggestion? Only lend money towards a property if you are in 1st position!

3. If you loan someone money so he/she can purchase a piece of real estate, get it recorded. As in #2, above, I suggest you only lend money towards a property if you are in 1st position.

4. Family members often assist with the down payment of a home of their children. If this is considered a "gift", it does not need to be recorded. If it is considered a loan, it should be recorded. However, keep in mind that the one purchasing the home may not get a loan because lenders want to be in 1st position. That means the personal loan will have to take a lesser position.

I AM NOT AN ATTORNEY NOR AN ACCOUNTANT.

Before you make any decisions, make sure you get legal and professional advice, because all of the above situations will have an impact on your legal and tax situation for years to come.

 

 

 

 

IF YOU WANT SOMETHING, GET IT IN WRITING.

Posted by

Hella Mitschke Rothwell, Broker/Owner/REALTOR 

 

Let me be your independent real estate broker for oceanfront and oceanview property in California and Hawaii.  If you are a seller/owner, I will travel to your property to help get it ready for sale, then list and market it. If you are a buyer and we have a Buyers Representation Agreement in place, I will preview property on your behalf anywhere in California and Hawaii.  Please call me to discuss how I can help you.

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Member: Honolulu Board of REALTORS; National Association of REALTORS; Hawaii Association of REALTORS; Del Norte Association of REALTORS; California Association of REALTORS; MLSListings, Inc., the premier MLS listing service in Northern California.

 

________________________________________________________________

Hella Mitschke Rothwell (R)

Real Estate Broker/Owner/Realtor®
Licensed in California #01772851 & Hawaii #RB-21268

Tel. 808-226-1095 or 831-626-4000 

Fax 1-877-822-9332

www.HellaHawaii.com

www.HellaRothwell.com

www.RothwellRealty.com

HAWAII OFFICE: 1128 Ala Napunani Street, #1809, Honolulu, HI 96818

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Email: HellaRothwell@gmail.com


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Disclaimer: Hella Rothwell does not guarantee nor is in any way responsible for the accuracy of the information provided herein, and provides said information without warranties of any kind, either expressed or implied.

Trisha Bush-LeFore
Preferred Properties Land & Homes - Walla Walla, WA
Providing Realtor Services in the Walla Walla Area

Great, great advice! Thanks for this post.

Mar 12, 2013 09:30 AM
Hella Mitschke Rothwell
(831) 626-4000 - Honolulu, HI
Hawaii & California Real Estate Broker

Trisha: I don't think the public understands this very important point.

Mar 12, 2013 09:33 AM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

Hella, Once they get those important real estate documents recorded they never have to worry if they lose the originals. That is the smart thing to do.

Mar 12, 2013 09:50 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

It's so interesting to me to read about customs in different areas.  In Georgia our contracts are never recorded because the warranty deed is recorded immediately after closing to show constructive ownership.

Mar 12, 2013 10:51 AM
Li Read
Sea to Sky Premier Properties (Salt Spring) - Salt Spring Island, BC
Caring expertise...knowledge for you!

Excellent advice!!!!

Mar 12, 2013 11:15 AM
Andrew Capelli
Troy, MI

Hella: As a member of the title insurance industry, I wholeheartedly agree!  If interests aren't recorded (in the proper place), then they might as well not exist.  Certainly, it is almost impossible to get title insurance on an unrecorded interest- policies generally only cover what insurers can determine from the proper public records.  Great advice- Thanks for sharing!

Mar 13, 2013 04:01 AM
Hella Mitschke Rothwell
(831) 626-4000 - Honolulu, HI
Hawaii & California Real Estate Broker

Debbie: And that as well.

Tammy: I should have added "deed" of which we have various.

Li: Some people just don't even think about private loans that need to be recorded too.

Andrew: Thank you for jumping in from a Title Company's perspective. If it's not recorded, you won't find it and include it on the Title insurance.

 

Mar 13, 2013 08:07 AM