Dave Gosine asked:




STAMFORD, Conn. and LOS ANGELES — Building on its growth ambitions in the Western region of the U.S., GE Real Estate (NYSE:GE) announced the completion of its acquisition of Arden Realty, Inc. (NYSE:ARI) , the largest publicly-traded office landlord in Southern California. The purchase price of approximately $4.8 billion includes the assumption and refinancing of $1.6 billion of Arden’s outstanding debt. In connection with this transaction, Trizec Properties, Inc. (NYSE:TRZ) acquired 13 Arden properties for approximately $1.6 billion. The remainder of the Arden portfolio will stay intact and continue to operate as Arden Realty.

The GE and Arden leadership will leverage Arden’s premier presence and strong relationships in the region to quickly implement a strategic asset plan to expand further into its core markets. GE will also use the Arden platform to grow significantly in other California markets, Washington and Arizona.

One member of GE and four members of the Arden leadership teams have been appointed to oversee Arden:

– Joaquin de Monet, Managing Director at GE Real Estate, has been named President and CEO of Arden Realty.

– Robert Peddicord, formerly Executive Vice President, Leasing and Operations at Arden Realty, assumes the role of Chief Operating Officer.

– Andres Gavinet, formerly First Vice President and Chief Accounting Officer, has been named Chief Financial Officer.

– Howard Stern and David Swartz remain Senior Vice President and Chief Investment Officer and Senior Vice President and General Counsel, respectively.

“We invest where there are excellent opportunities for growth, both in asset value and portfolio size. This transaction significantly expands our footprint in a market that we think is one of the strongest markets in the U.S.,” commented Joe Parsons, President, North American Equity at GE Real Estate. “We will continue to assess opportunities to acquire quality assets in Southern California, and look forward to Joaquin and Robert’s leadership to help us expand Arden’s presence in the Western region.”

“GE and Arden are a dynamic force in one of the country’s most robust markets,” added Peddicord. “GE’s solid financial backing and global resources combined with Arden’s local market expertise and outstanding performance record will greatly enhance Arden’s ability to grow in the Western region of the U.S.”

The portion purchased by Trizec Properties includes 13 properties comprising approximately 4 million square feet.

Tim Callahan, Trizec’s president and chief executive officer commented, “Through this transaction, we have acquired a large, high-quality portfolio that is well located in markets that we believe have strong economies, positive employment trends and growing rental rates.” Mr. Callahan added, “We’re pleased to have partnered with GE in the execution of this transaction.”

Merrill Lynch acted as the financial advisor to GE Real Estate, and King & Spalding LLP provided legal advice. Lehman Brothers Inc., Wachovia Securities, and Secured Capital LLC served as financial advisors to Arden in this transaction. Wachovia Securities and Houlihan Lokey Howard and Zukin also rendered fairness opinions to Arden’s Board of Directors. Latham & Watkins LLP and Venable LLP provided legal counsel to the Company. Hogan & Hartson LLP provided legal counsel to Trizec.

About GE Real Estate: GE Real Estate is a world leader in real estate capital. Formed in 1972, the business has more than $35 billion in core assets with 34 offices located throughout North America, Europe, Asia, and Australia/New Zealand. GE Real Estate, backed by its parent company’s AAA rating, offers a broad range of financing, equity and servicing solutions including: intermediate and long-term mortgage financing, restructuring and acquisition capital, niche equity investment/joint ventures, capital markets securitization and placements, and assert management. As one of the fastest growing units within GE Commercial Finance, Real Estate has experienced annual growth of more than 10% for the last ten consecutive years.

GE Commercial Finance offers businesses an extensive array of financial services and products worldwide. With approximately $217 billion in assets and an expertise in the mid-market, GE Commercial Finance provides loans, operating leases, financing programs and innovative structured capital to help customers grow. GE Commercial Finance is a wholly owned subsidiary of the General Electric Company (NYSE:GE) , a diversified services, technology and manufacturing company with operations worldwide.

About Arden Realty Inc.: Arden Realty, Inc. is one of the largest office landlords in Southern California. After the close of the transaction with GE Real Estate, Arden will have 14.8 million square feet comprised of 103 properties and 175 buildings from Ventura to San Diego counties. Arden is also a nationally recognized leader in energy conservation and efficiency. For three consecutive years the Environmental Protection Agency cited Arden as the “Commercial Real Estate Owner of the Year” for its innovative energy initiatives and for owning the most energy efficient buildings in a single portfolio in the nation.

Roselind Hejl asked:




Generally, apartment-style buildings are called condos, two-story row houses are known as town homes, and free-standing homes on small lots are referred to as garden homes. Unfortunately, this description creates some confusion about real estate ownership. Apartment, town home, and garden home describe the design or construction of certain homes. The word “condominium” does not refer to a the layout or style of a building. Condominium is a form of ownership of real estate. The form of ownership of real estate cannot be recognized by observing the building design.

Condominium Regime The legal definition of condominium is: the absolute ownership of a unit based on a legal description of the airspace the unit actually occupies, plus an undivided interest in the ownership of the common elements, which are owned jointly with the other condominium unit owners. Each unit owner of a condominium has individual title to the space inside his unit. The space is sometimes described as beginning with “the paint on the walls.” In addition, each unit owner has an undivided interest in the physical components of the condominium buildings and land.

A popular type of condominium development is the multi-story apartment. In this case, there is no land under each unit. In these developments, the condo association usually handles maintenance of the building exterior and common grounds, while the unit owners maintain the interiors of their units. A condominium association is selected to make decisions about expenditures for repairs, and to handle administrative work related to the common areas. Fees are collected from the unit owners to pay for common maintenance. The association normally holds an insurance policy covering the jointly-owned areas, while individual owners carry insurance for the interior components of their units. Condo projects may resemble duplexes, town homes, garden homes, or residences on regular lots. In general, the creation of a condo regime allows the developer to get more density approved than would be allowed if he had done single-ownership lots. This is often the reason why the condo regime is chosen instead of a development with single ownership lots. A condominium may be built as two units of a duplex. In this case, the two owners may jointly make decisions concerning maintenance of any common areas. By setting up the units of a duplex as two condos, the owner is able to sell them to two different owners.

Each condominium has rules that are specific to the development, so no assumptions should be made about their requirements. It is important to read the condominium documents carefully before purchasing a condo. The documents specify the maintenance that is covered by the common budget. In one project, the association may handle exterior components, decks, pools, sidewalks and driveways. In another, the individual owners may be responsible for more maintenance of their units, including foundations, roofs, and exterior walls.

If you have questions about the division of labor between the common budget and the individual owners of a condominium, you can present your question to the condo board itself. The board can give you an interpretation of the rules and clarify how the issue has been handled in the past. Another possibility is to ask a real estate attorney to review the documents for you. Realtors, other unit owners, or maintenance workers are not appropriate or reliable sources for the interpretation of condo documents.

The Texas real estate contract for condominiums contains a provision requiring that the buyer be given a copy of the condo documents, with a period of time to review them. During the document-review period, the buyer may terminate the contract without penalty. In addition, a resale certificate is must be provided by the association president or manager. This document provides information on the current budgets, insurance coverage, special assessments, lawsuits and other matters that affect the association.

Fee Simple Ownership

In contrast to the condominium regime, you may own real estate by fee simple. “Fee”, which comes from the word, “fiefdom”, refers to legal rights in land, and “simple” means unconstrained. Fee simple is the most common type of ownership. It is the absolute legal title to real property, including both buildings and land. In fee simple, there are several different possibilities with regard to your obligations of ownership:

(a) Your property may not be in a subdivision at all. In this case, your deed will not include any subdivision restrictions that control your use of the property. Be aware that there could be some deed restrictions put in place by previous owners. In addition to deed restrictions, you may be governed by city or county ordinances or zoning laws that limit your use of the property.

(b) Your property may be in a subdivision with very few restrictions, no common areas, no architectural control committee, and no mandatory dues. Usually these are older subdivisions.

(c) Your property may be in a subdivision of homes on large lots, or in a town home or garden-home community in which there is a legally created homeowners association. In this case, every homeowner is required to be a member of the association. The association may charge mandatory dues and enforce subdivision rules. A certain level of maintenance may be required of each property owner. For example, you may need association approval of exterior paint colors, fences, or additions to your home.

Like the condominium form of ownership, fee simple ownership does not prescribe how maintenance is handled or how developments are governed. For example, the owners of a town house, with fee simple ownership, may be required to fully maintain their units. Or, the owners’ association may cover painting, roofing and yard work for the owners. In subdivisions where there are single family homes on large lots, it is more common for the homeowners association to manage the common grounds, pools and parks, while the individual lot owners fully maintain their own properties. Understand your ownership rights and obligations

Before buying into a condominium regime or purchasing a fee simple property, you should have a clear understanding of the type of ownership you will have in your property. If you are buying a condominium, it would be wise to read the condo documents carefully and understand how maintenance is divided between the individual owners and the condominium association.

If your ownership is fee simple, with individual ownership of the land, you should review the deed restrictions (if there are any) and understand the restrictions and obligations that apply to your property. In the fee simple form of ownership, there may be mandatory dues to pay for common area maintenance, or, in some cases, the dues may be used for partial maintenance of the individual properties.

If you have a question about your type of ownership or about your obligations as a homeowner, it would be wise to review the title documents with a real estate attorney before proceeding with your purchase. Ask plenty of questions! A clear understanding of your type of ownership, and of your obligations as a homeowner will result in a more satisfying real estate purchase.

Bryan Hendersen asked:


Economic weakness threatens the chances of many Americans to become homeowners and so threatens the nation’s ability to thrive as a nation. Keen to help, the federal government offers the First Time Home Buyer Stimulus Package. It targets first time buyers and those who have not owned a home in three or more years.

Purchases under this program are of pre-owned homes and homes in the new construction phase, stimulating demand in the housing market. Whether indirectly, by boosting buys of pre-owned homes, or directly, by boosting housing starts, this gives builders and their crews more work. As for homeowners, they receive help in three ways, with tax credits, assistance with down payments, and with decreased interest rates.

The initial purpose of the stimulus program was to stave off the economic slowdown of which existence became apparent during the financial crisis of 2008. The developing situation demanded reinforcement of these efforts, which came in the form of a more comprehensive plan from the federal government. In particular, the Obama administration believed that the reluctance to spend money came from the fear of losing home ownership. This, along with the collapse of real estate market, convinced to administration to act to stimulate home ownership.

For any purchase made in the year 2009, a homebuyer may qualify for a 10 percent tax credit. This may for up to $8,000, with the basis being the gross purchase price. The home owner may claim this credit either the year of purchase or within two years of purchase. This tax credit provides money to the homeowner, which he may decide to save.

Next is a reduction in the down payment. Usually, these are at least ten percent of the home’s price. The government plan is to pay off part of the down payment. Lower down payments make it easier to purchase the home. Furthermore, reducing the down payment reduces the burdens keeping you from placing money in an investment account or from improving the new home. Also, government help may reduce the interest rate on your home loan by reducing the basis points on the interest rate. Qualification for the tax credit requires that a single person’s income not exceed $75, 000 and that with a partner income not exceed $150,000.

A third way to encourage home purchases is a tax rebate. In this case, the federal government places the rebate on the amount of interest assessed on the loan. This is not related to the tax credit. Under this stimulus program, homeowners may apply for both the credit and the rebate. Landlords, who buy property for income purposes, may qualify for the rebate. Because the landlord’s maintenance expenses go to the upkeep of the rented property, they are eligible for income tax deductions. Hence landlords are eligible for the rebate.

Economic growth is impossible without continuous improvement of the national infrastructure. However, the collapse in the demand for housing hits precisely here. The Obama adminstration intends to rectify this with tax credits, down payment assistance, and interest rate reductions. Under the First Time Home Buyer program, it intends to place buyers in new homes and stimulate economic activity.

John asked:




With the increasingly popular of rent to own real estate many property owners find it is a way for them to sell the property they have now instead of later on. It can easily become a burden for them to make the ongoing payments while they are waiting for someone to buy it. This pertains to both commercial and residential property out there. The real estate market has certainly suffered in the tough economic times out there.

The owner of the property retains the ownership of it until it is paid for in full with this type of offer. They aren’t responsible for common repairs because they aren’t the landlord. This is great news for those that don’t want to continue worrying about having to cover costs related to that particular type of property. The one downside is that depending on the cost of the property involved it can take many years before it is paid for in full.

For someone that is tired of paying rent, rent to own a property is a great way to invest their money instead of paying for something that they are only temporarily using. They have the ability and the right to fix up the property any way that they would like to. When you are simply renting from someone you can’t do so without their permission. This means that you aren’t able to enjoy the properly to the fullest in a manner that you will be completely happy with.

The process of buying property through a lender can be time consuming and difficult. You have to come up with a large amount of money down in many instances. Most consumers that want to buy properly can’t do so right now. With the rent to own option though you can get the properly you want now instead of having to save up for a down payment and for closing costs for a couple of years first.

With the rent to own option you don’t have to jump through hoops either when it comes to issues such as passing inspections. This can be one of the most frustrating parts of buying a home when a bank is lending you the money. When you rent to own a property, you get to decide if the property is worthy of you investing in. Of course you do have the option to pay for an inspection to be done before you commit to it as well.

You may feel that you can’t buy property if you don’t have credit or your credit is very poor. However, you can do so through a rent to own option instead of going the traditional route. Some owner’s of such property will require a credit check but most of them don’t. As long as you have a steady work history and you are willing to sign a contract they will work with you.

As long as it is done correctly, rent to own real estate can be a win/win situation for everyone involved. Take the time to talk at length with the seller of such property. Make sure you are both on the same page and have the same goals in mind. They are going to want to make sure you are going to make the monthly payments as decided upon. You want to make sure you are getting property that is worth the asking price. You also want to make sure that the written contract of the rent to own property is in great detail. This way both parties will be covered for the duration of the agreement until the property has been completely paid for.

Amelie Mag asked:




Bangkok is one of the most visited cities in the whole world and more and more people who visit it are willing to buy a property in Bangkok.

Foreigners who are interested in Bangkok real estate investing must be familiar with property laws in Thailand, if they do not want to have an unpleasant surprise. Anyone can buy a unit in a condominium, but foreigners cannot own free land and houses. According to a Thai rule, foreigners can buy only a certain percentage from the total area of the condominium, in a proportion that does not exceed 49% of all the units in the condominium. A local real estate agent can tell you if you fulfill the necessary conditions in order to buy a unit of a condominium or rent a property in Bangkok.

You can make a good idea about the local market if you resort to an experienced local agent, who knows his or her business. Thus, you will not have to worry about any failure of your Bangkok real estate investing, since such an investment will bring you the expected long-term profit. The commercial real estates have exploded these last years and Bangkok real estate investing can turn out to be tricky, if you do not have a well-thought plan. Anyone can rent a property in Bangkok, but the success of the investment does not offer a guarantee as long as a team of experts has not advised you.

Bangkok real estate investing is not only about buying or renting the desired property in Bangkok. Apart from the money that you will spend on renting or buying, there will also be other operating expenses. The maintenance fee of the property you buy or rent faces charging by the month. The owners will decide the amount of money to pay. Furthermore, if you own a property in Bangkok, you will have to pay a property tax that varies according to the estimated value of the property.

Finding a licensed Bangkok property Real Estate Agent is not an easy task, because, just like in other cities, there are always many unauthorized agents who are looking forward to trick you into buying their inadequately constructed properties. Before you buy a property in Bangkok, it is very important to verify that the agency has a license and that they come with good recommendations. Remember that the success of your Bangkok real estate investing lies in his /her hands and you should not shy away from asking for recommendations.

In addition, it is also recommended to consult with a local attorney about possible pitfalls as well as other miscellaneous laws that are applicable to foreigners. For those foreigners wanting to buy a property in Bangkok, it is also pertinent to check out the new areas that are developing quickly. For instance, the train transportations (BTS) is quickly being developed and cause the real estate to increase quite rapidly in areas that were not popular before. Bangkok is a place that is worth investing in, but do not expect any short-term profitable results. In the end, the money you have spent on the property will pay off – you only need to start with a long-term goal.

Christine OKelly asked:




Landlords know that sometimes things happen that can cause a tenant to break an apartment rental lease. In a perfect world, everyone would finish out their contract before moving on, but many landlords and property management companies realize that sometimes unavoidable events occur. You can do a few simple things to work with your landlord that may help you avoid penalties when breaking your lease.

Let Your Apartment Rental Landlord Know Early

Giving your landlord or property management company plenty of notice will most likely be met with cooperation if you have to break your apartment rental lease. Try not to spring a broken lease on a landlord and instead give them as much notice as possible. This will give them time to try to find a replacement tenant. If you behave professionally, so will your landlord.

A lease is a legally binding contract and you signed it willingly. If your time in your rental apartment has been good, but you’re being transferred out of town, let your landlord know. Tell them you’d be happy to renew if it weren’t for the move. If you remain calm and rational, your landlord is more likely to let you break the lease without penalty. Remember they do not have to do this. The landlord has the legal right to not let your break your lease without penalty. Talk with your company’s human resources department about a possible relocation package. Some include a payment to cover a broken lease fee.

If military service is causing you to break your lease, it should have a military clause that allows you to break it without penalty. If your landlord doesn’t know about a military clause, check with your base or post legal department for help.

Help Find A Replacement Tenant

Helping your landlord find a replacement tenant is a good way to make your landlord happy if you have to break your lease. Recommending your apartment to friends and family is a good start. Even if they’re not looking for a new place to live, they may know someone who is. A good recommendation is a positive thing for both the landlord and new tenant.

Let Your Landlord Show Your Apartment Rental

Letting your landlord or property management company show your apartment rental to prospective tenants will help them find a replacement tenant faster. Be sure to keep your apartment in a neat and tidy condition. It is especially important to keep the apartment clutter-free, the bed made, dishes put away, and the bathrooms clean. It will help your landlord show off the apartment to potential tenants and, although it may be an inconvenience, it could save you hundreds of dollars in penalty fees.

The easier you make breaking an apartment rental lease on your landlord, the more likely they are to let the penalties slide. It is easier to keep everyone happy if you work together to find a new tenant.

Nick Dowlatshahi asked:




In order to avoid any unexpected tax bills while owning your property in France it is important to know the French tax system. Here we outline the main sources of tax in France and explain how they may affect you.

Tax: Should you live in France you will be taxed on your total income whether generated within France or abroad. It does not matter what nationality you are if you spend more than 183 days per year in France you are considered as French domiciled and still taxed on your world wide income. For those not domiciled in France you are still liable for any income from French sources; this includes rent from letting out your property and any income derived from working in the country. The authorities in both the country in which you normally reside and France will be interested in your earnings and if it is above a certain threshold you could be liable in both countries unless there is a double tax treaty between the countries as exists between all EU members and many other countries. However it is very important to notify the authorities if you are making a permanent move to France before the event in order to take advantage of this treaty. It should also be noted that in France taxes are not deducted using the PAYE system as in England but each individual must fill in their own self assessment form whereby taxes are paid the year after which the income is earnt which runs from January the 1st to December the 31st. To do this you must first register at the “Centre des Impots” which is the local tax centre.

Income tax: This ranges from tax levied on “earned income” which is a progressive tax to tax on “unearned income” such as investment income based on interest from bank accounts and property yields. There is a seperate tax levied on your gross rental income if you let out your French Property. France still strongly favours the family unit and there are distinct advantages in terms of reduced tax liability if you are a large family as tax is assessed on a household basis. If you are married and/or have children in the family you pay less tax as there are more dependants; this is called the “quotient familial”. There are also other allowances such as those for childcare and domestic help all of which go towards making large families in France pay less tax than anywhere else in Europe. If you are unmarried or united only by the PACS agreement then you are likely to pay more tax than married couples not just with regard to income tax but also inheritance tax.

Property tax: Two property taxes exist in France: taxe fonciere and taxe d’habitation. Taxe fonciere is paid by the property owner regardless of whether you live there or abroad, but there is an exemption for two years for newly built properties. Taxe d’habitation on the other hand is paid by whoever occupies the building at the time, hence if it is rented out it is paid by the tenants. Both taxes form part of what we know in the UK as council tax and are paid the year after the rental period with special allowances for retirees and dis-used, inhabitable properties.

Capital Gains Tax: This tax is paid on the profits of any property which has been sold to include jewellery, securities, shares and real estate. However, fortunately there are no taxes to be paid on the sale of your principle residence but only on sales of additional property. People who rent their main home are exempt if they sell their second home as well as those who have owned the house for 15 years or more. If a property is sold within two years then it is subject to 33.3% capital gains and this falls by 5% a year and multiplied by an index linked multiplier of the eventual sale price of the property until the 15 years are up. If you have renovated your property or spent money on legal or agency fees the cost of these can be offset against your profits.

Inheritance tax: The system in France is very different to that which you might find in England or anywhere else and it is advisable to talk to a tax advisor BEFORE you buy your property in France to prevent future burdens on your family or partner. Whether you are a resident or not in France you will still have to conform to french succession law and your family will still be liable to pay inheritance duty in France upon your death. It is also important to note that French succession law will not allow for you to leave out any of your children in favour of your spouse and will ensure that they get their share. There are however, a number of different ways to minimise their burden depending on your situation. Below we outline a number of different contracts that can be made. A very popular and useful way of lessening your relatives’ inheritance tax if the tax in France is greater than it would be in your home country is to form an SCI which is a property holding company. The property in question can be divided into shares and these shares can be distributed as you wish with the result that any future inheritance tax on the property will be subject to the laws in the country in which you are a resident. It is also a good solution for those in a complex family situation living with people who are not members of their family. Shares can be freely given to a partner or children whereby inheritance tax will be avoided if done at least 10 years prior to death of the owner of the shares. For married couples who wish their half of the property to go to the surviving spouse then the “clause tontine” is a good option. It is like a joint tenancy agreement and essentially suspends the ownership of the property until either spouse dies so that the entire property is owned by the surviving spouse. They will, however, still have to pay inheritance tax on half of the property. Another way to ensure that your half of the property in question goes to your spouse is to make a change of the matrimonial regime so that your properties are no longer separated. You must have been married for at least two years and prepared to pay some legal charges but it will mean that the surviving spouse will only pay 1% tax on the property as “registration duty”. This system can get complicated if there are children involved from current or past marriages as they still retain certain rights to the property and legal advice should be taken. In 1999 a new contract called PACS was also brought in under French law giving certain benefits to same and different *** couples which were not previously available. These inheritance and fiscal rights are not as beneficial as those available to married couples but are certainly an improvement on the previous situation.

Wealth tax: This is a tax levied on assets that exceed 720,000 Euros and covers a wide range of assets to include your property and bank balances amongst other things. If you are resident in France but not domiciled there then you will only be taxed on what you have in France. If domiciled there as well then the tax applies to your entire fortune all over the world.

Parmdeep Vadesha asked:




For both first-time and seasoned property investors, one of the best bets for scoring a great deal on a prize property is through an auction. An auction is a good place to start if you want to get up on the first rung of the property ladder. For the more experienced investor, auctions are also helpful in securing a reasonable property to add to your investments portfolio.

The greatest lure of auctions is that properties are sold at a price well below market value. How is this possible?

Well, most auctioned-off properties are repossessions and rundown properties.

Repossessions are those homes or properties than have been used as collateral for a loan which the owner defaulted on. Thus, banks or lending institutions have called in the loan and are now the new owners of the repossessed property. Since banks are not in the property business, they want to dispose of the property fast and recoup their cash investment. Thus, many of these repossessed properties are sold at auction for a bargain price and sometimes for a price well below market value.

On the other hand, auctions are also a great avenue to pick up a rundown property that you can repair and refurbish to sell at a higher price. The attraction of a rundown property is, of course, its very low price. Though it is unsellable in its current state, by doing the necessary repairs and a little fixing-up, that once-shabby house could turn into a dream home. Look for rundown properties that have potential and factor in the cost of the repairs to determine whether the asking price is still a bargain.

While auctions can be a great place to score a bargain and save some money, there are some things to keep in mind and be conscious of. A property auction is a heady and thrilling experience and most people get so caught up in the process that they end up paying more for a property than they would have liked. Remember that your ultimate goal at the auction is to score a bargain, and not win a game. Go to the auction house with a maximum price bid in mind and stick to it and stop when the price gets too high. Also, choose properties well. You do not want to get stuck with an investment that it impossible to resell. Stay away from properties that are in severe disrepair, have unclear legal titles or those without proper legal access to the property or land.

If you have never been to an auction before, then now is a good time as any. It is definitely a good idea to do a little visiting and scouting around to see how auctions all across the United Kingdom are being conducted. If you are a first-timer, check out the auction scene first and attend as a viewer and not as a serious bidder. Take an experienced companion with you or someone who knows the ropes of an auction sale. More importantly, research on your potential purchase. What is the current asking price of similar properties in the same location? What is the neighbourhood like? Determine neighbourhood safety, noise level and the adequacy of private parking as these are the usual clinching points that make the property easier to resell.

John Nazareno asked:




A judgment lien is a court ordered lien that is placed against the home or property when the homeowner simply fails to pay a debt. This doesn’t seem like a big deal, but when the homeowner has a judgment lien against his or her home and wants to sell it, the judgment lien has to be paid in full before the home or property can be sold. Judgment liens can be placed against the property for a variety of reasons such as unpaid credit card bills, utility bills, department store bills, landscaping or home improvement bills, and just about any bill that the homeowner has failed to pay in a reasonable amount of time. Any bill that can cause one to end up in court can result in a judgment lien.

A judgment lien is different than a trust, in that the judgment lien holder cannot foreclose on the home or the property as trust holder can. Judgment lien holders can demand payment, but ultimately they must wait for the homeowner to sell the property before they can expect to be paid the money that they are owed according to the judgment. Luckily for the judgment lien holder, the court will typically assign an interest rate to these liens so that the lien holder is compensated for their waiting as the interest will continue to accrue until the debt is paid in full. Because the majority of people will live in their home for quite some time, the interest can make a judgment lien grow, and grow, and grow over the years so that it is quite large. Imagine what a lien of just $3,000 would grow to over the years if the interest rate were 15% annually and that would be an even bigger amount if the debt were $5,000 or $10,000!

Of course, judgment liens require court action. A creditor will take the homeowner to court where the judge will determine if the homeowner does in fact owe the creditor any money. If the court decides that the creditor is owed the money, and the homeowner will not or cannot make payment, the judge will order that a judgment lien be placed against the property. The judgment lien will then be entered into land records offices for the city or county so that the home cannot be sold without repayment of the debt. Once the lien is filed with the land records office, the judgment lien is said to be attached to the property, meaning that it cannot legally be sold without paying off that lien. If the judgment lien is not listed at the land records office, then it means that the debt or lien is not legally attached to the property and does not need to be paid off to sell the home.

A home or property can have numerous liens against it, which may present a problem when the home is to be sold. Fortunately, the law says that liens will be paid off in the order that they were attached to the property, meaning the first lien will be paid first, the second will be paid second, and so on. This is a law that was basically developed for when a home is foreclosed on. If a foreclosed home is auctioned it will first pay off the first lien, then the second, and the third until there is no money left to pay the debts that are still attached or associated with the home. Of course, all trusts against the house, such as mortgages and home equity loans, would be paid off before the judgment liens, so it’s not uncommon for these liens to simply go unpaid because there is no money remaining to pay these debts after the trusts are paid. If there is not enough money to pay for all of the judgment liens and trusts on the home or property, they are then wiped out and can no longer be collected on. Of course, the auction will usually attempt to pay for all of these debts, and they are paid for until there is no money. The reason for this is that the new owner will not be able to get any home equity loans or second mortgages with judgment liens already on the home. If there is money left over after everything is paid off, the remaining amount would go to the foreclosed homeowner as all debts are paid.

You can look for judgment liens at the land records office, though you will typically not find them listed with trusts. Investors or homeowners looking to sell their home will have to look into both trusts and judgments, as they are listed in different areas. Investors can often be caught off guard when they realize how much debt is attached to the home, and sellers are often startled at old judgment liens that they had forgotten about and don’t want to afford to pay off in order to sell their home. It’s a good idea to go over all of this information before one bids on a home or attempts to sell it or put it on the market.

Judgment liens are not something that anyone wants put against their home, but they are common enough. There comes a time for many people when they simply cannot pay a bill, and a judgment lien is ordered. Making a continued effort to pay down the debt is a great idea so that you don’t acquire large interest fees in addition to the initial dollar amount of the lien. The homeowner does not have to wait until the home is sold to pay off the lien, instead they can be paid off as soon as possible. The judgment lien is simply put in place so that the home cannot be sold without the debt being paid, and when you look at it from the creditors point of view, this is a great tool to ensure that you’ll eventually be paid the amount you are owed in addition to an interest fee that will pay you for waiting.