10 tips every Real Estate Investor Should Know

14 Nov

When it comes to investing, everybody has certain goals and
aspirations. However, we have found that there are certain guidelines
every aspiring real estate investor needs to know:

1. Compare Property Values and Rents

Financial statistics only go so far; the best measure of a property’s
market value is often the sale prices of nearby properties. The same
holds true for area rents. A low price can often be justified by a
reasonable rent; renters who can afford a high rent can afford to buy
instead, so reasonably priced rent is a need.

2. Be Careful – Tax Laws May Change

Don’t base your tax investment on current tax laws. The tax code is
constantly changing, and a good investment is a good investment
regardless of the tax code. The right property with the right
financing is what you should look for as an investor.

3. Specialize In Something You Know

Start in a market segment you know. Whether you focus on fixer-uppers,
foreclosures, starter homes, low-down payment properties,
condominiums, or small apartment buildings, you’ll benefit from
experience by specializing in one aspect of investment real estate
properties.

4. Know The Costs Going In!

Know the financial statements inside out. What are operating expenses?
What are loan payments? Vacancy costs? Taxes? What does the cash flow
statement look like? These are key issues that must be addressed
before making a solid investment.

5. Know Where Your Tenants Are Coming From

If the last rent increase was recent, your tenants may be considering
a move. If tenants have a short-term lease, they may be living there
simply to attract unsuspecting buyers. It is also important to collect
the tenants’ security deposits at closing.

6. Assess The Tax Situation

Taxes are an integral part of successful real estate investing, and
they often make the difference between a positive cash flow and a
negative one. Know the tax situation, and see how it can be
manipulated to your advantage. It may be a good idea to consult a
tax advisor.

7. Investigate Insurance Coverage

If seller’s coverage is based on lower-than-current replacement value,
your insurance cost may increase when you pay a higher purchase price.

8. Confirm Utility Costs

Ask the local utilities to verify recent utility expenses, especially
if any of these costs are included in your tenant’s rent.

9. Consult Your Accountant

Taxation is a key element of successful real estate investing, so be
sure to find an accountant who is well-versed with the constantly
evolving tax code.

10. Inspect!

Make sure that you always perform a thorough inspection of the
property before buying it. Never, ever buy any property without at
least examining the site. In some cases, hiring professional
inspectors to examine the structural mechanical system may be a sound
investment.

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Sandwich Lease Option

14 Nov

Sandwich Lease Option- This concept is more advanced and typically more for investors, who may want to take on an unlimited amount of these properties. This would be very similar to a lease with the option, but may include more additional features like the allowance of subletting the property in the terms of the lease. The investor is going to be in the middle of this transaction, that’s why it’s referred to as a “sandwich”. In other words the investor gets the property on a lease option from the landlord/seller at a certain price, and will likely lock in a competitive price then turn around and do a lease option with a new tenant buyer for a higher price to make the spread in the middle. This would have to be agreed upon by the seller, and will take some more advanced methods to get it done. For example you will have to determine who pays for repairs, how expensive how small, etc. When it comes time to close on the loan it could require a simultaneous close (2 closings at one time) this will create a title seasoning issues with almost all lenders, so more advanced techniques may be needed. Such as talking to the title company, getting the lender on board, paying of the investor with an interest in the property and doing 1 closing. You could get even more advanced with land trusts and simultaneous closes, but that’s too advanced for this article, maybe on another post. The investor will likely keep the option money from the new tenant buyer, and will likely deal with the tenant buyer. Discussions will need to be made on who the manager of the property will be and an investor may want to do their lease option in the name of their LLC or Corporation on the lease, as a form of asset protection. My biggest concern with sandwich lease options an investor is recording the memorandum of option and also how I to get paid at the closing table years later when the buyer has new financing, so talk to some lenders and title companies to see how this could work and be structured.

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Lease options and Lease with option

14 Nov

Lease Option- I think lease option is probably the most common phrase over rent to own and lease to own. I think because you are talking about the technical paperwork it’s probably the more proper term. I use this term when I am talking about educational materials, or with landlords and sellers as I find it makes more sense to them. I may use this term with a renter or investor, but more often with a seller. A lease option is simply a contract where you use a lease and an option all in one. It will spell out the terms of the residential lease as well as the terms of the option. A lease option is typically 1-3 years, that’s just the traditional length of time. This gives the tenant buyer time to improve credit and their financial situation so they can later purchase. A lease option as I’ve stated is only one document, it could be as short as 1-3 pages in some cases. Because it’s tied together, it arguably gives the tenant/buyer equitable interest in the property and could complicate things at the time of default, cancellation, eviction, etc. Upon a disagreement on payments, cancellation or moving out, with a lease option you may end up in court where the judge may have to rule as equitable interest and in some scenarios a full foreclosure procedure may be required to be filed by the owner of the property. This would be the tenant buyers’ opportunity to follow through and purchase the property before the end of the foreclosure rights throughout this process. I wouldn’t recommend this method for a seller / landlord. Likely because it’s the same document, the lease may reference the option and the option may reference the lease, tying them both together, making them nearly impossible to serve in a court of law. It would almost appear as a sale. Many would argue with state laws that this could be considered the seller conveying interest clearly in the property to another, where the alienation clause, and acceleration clause in a mortgage may come into effect, where a lender could have the choice to do something. It’s something you will want to look into with an attorney and the seller’s lender.

Lease with the Option- This is going to be similar to a lease option, except the (with the) separates the two documents. It gives us an option and a lease, two totally separate documents. It’s important to state here that each document should stand alone and totally be separate from the other. In other words the lease shouldn’t talk at all about an option, and the option shouldn’t talk about a lease, or if the option does, it should clearly state that a default of the lease negates and cancels the option. That clause should be in there, and both the tenant buyer and seller should discuss this ahead of time as full disclosure. As most renters know what a lease is. The lease could be 1-10 pages long often and spell out the rules often for the landlord side, in favor of the landlord usually, but I still think most leases are pretty standard and have pretty much the same print and guidelines from lease to lease. Leases will state the dos and don’ts allowed with the occupying of the house and the terms of the lease and renting. Examples of this may be whether pets are allowed or how late payments are handled and the consequences if anything illegal that takes. It may discuss the case of default, or any other occupants living in the house. The lease may discuss whether the house or property can be sublet. The lease will discuss security deposits and who pays for all utilities. In most all cases the landlord will pay for the taxes on the property, and in certain cities the landlord has to pay water and trash. The option is usually a pretty simple form, most I have seen are 1/2 page long. It states what the future locked in price will be, and the duration of time before it expires. It will often refer to how much the option money is and in most cases the option money is going to be non refundable. The option will refer to what is needed to exercise the option with the seller. What’s important to know about this simple idea of exercising an option is that it’s referred to as a unilateral contract what this means is uni-one sided, meaning that the buyer has the first right of refusal, in other words the tenant buyer can purchase the property and exercise the option if he/she wants to, but does NOT HAVE to. The seller on the other hand does have to sell the property to the tenant buyer if they choose to exercise. The way out of it for the seller is if the option buyer defaults on the contract or the option contract expires after it’s duration of time. The option may or may not have signature lines and notary signature spots. The signature spots should be signed by the option buyer and the landlord/owner/manager who has the legal right to sign for the property. The notary signature spot would require a notary stamp and witness if you want to later record the option. From my understanding you can record the notarized documents with the county with just the option buyers signature needed. From my understanding with Torrens property, at the county you will need the buyer and seller to both sign. If you don’t know the difference from Torrens or abstract don’t worry about it, you can ask a clerk down at the county or a title person to help you with that. It may be a good idea to have both sign anyways. There is another form I won’t go into here called a memorandum of option or referred to as an affidavit memorandum of agreement. This is essentially a simple form that should have a contact spot for the buyer likely in this scenario, or the optionee. This form is also notarized and can be recorded. Many choose to record the memorandum and not the actual option. The reason for this is that the memorandum does its job of being recorded and put on public record while clouding the title and everything remains very private. The memorandum is simply going to state if you want to contact me about my interest in the property at any point in the future, or necessary when clearing title before a purchase closing or refinance closing with a title company you can contact the person on the memorandum form that’s recorded at the county. Many don’t want to record the option contract itself because the option contract states the price paid, and the buyer or seller may want to keep this more private and not on public record, especially so if the buyer were ever to get paid to do an assignment of option, where they will assign over their option to a new buyer who would then be paying for the equivalent rights of the original option buyer. According to the option, there may need to be an agreement to do this from the current seller. This section sounded more complicated than it really is. Most people have seen a residential lease before, and an option is simply about 1/2 page and spells out the price, option consideration, and duration of time before it expires. Because the option is separate in this scenario, when a tenant defaults on the lease, the court system will treat the tenant under tenant laws and a standard state eviction should be able to be processed.
Lease Purchase Option-A lease purchase option is going to be pretty similar to a lease option except for the word “purchase” which is likely to include a purchase agreement, and possibly a closing date, and set amount of time. This would be much more of a commitment from the buyer, and may require more substantial money from the seller/landlord of the property. As with purchase agreements in this state, it will give the buyer equitable interest in the property. It would likely have to require a cancellation of the purchase agreement someday if needed, just like with a standard purchase agreement. Much like most purchase agreements, they are usually bilateral agreements, meaning both the buyer and seller are asked to perform on the property. Simply put the seller will have to provide clear title usually, and the buyer would get new financing to cash out the sellers existing financing. I would explain this as a lease with a purchase agreement. I feel it’s much more of a serious commitment from a tenant buyer, and a substantial down payment may also be used in this scenario. Check with an attorney and a tax accountant on this, but this scenario may even allow for the buyer to pay property taxes and interest in this scenario, and receive the tax write-offs. With a purchase you may end up using a real estate agent and standard MAR (Minnesota association of realtors) purchase agreement forms, and you may need to use all disclosure, etc to protect all parties.

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8 Tips for Finding Your New Home

14 Nov

A solid game plan can help you narrow your homebuying search to find the best home for you.
House hunting is just like any other shopping expedition. If you identify exactly what you want and do some research, you’ll zoom in on the home you want at the best price. These eight tips will guide you through a smart homebuying process.
1. Know thyself
Understand the type of home that suits your personality. Do you prefer a new or existing home? A ranch or a multistory home? If you’re leaning toward a fixer-upper, are you truly handy, or will you need to budget for contractors?
2. Research before you look
List the features you most want in a home and identify which are necessities and which are extras. Identify three to four neighborhoods you’d like to live in based on commute time, schools, recreation, crime, and price. Then hop onto REALTOR.com (http://REALTOR.com) to get a feel for the homes available in your price range in your favorite neighborhoods. Use the results to prioritize your wants and needs so you can add in and weed out properties from the inventory you’d like to view.
3. Get your finances in order
Generally, lenders say you can afford a home priced two to three times your gross income. Create a budget so you know how much you’re comfortable spending each month on housing. Don’t wait until you’ve found a home and made an offer to investigate financing.

Gather your financial records and meet with a lender to get a prequalification letter spelling out how much you’re eligible to borrow. The lender won’t necessarily consider the extra fees you’ll pay when you purchase or your plans to begin a family or purchase a new car, so shop in a price range you’re comfortable with. Also, presenting an offer contingent on financing will make your bid less attractive to sellers.
4. Set a moving timeline
Do you have blemishes on your credit that will take time to clear up? If you already own, have you sold your current home? If not, you’ll need to factor in the time needed to sell. If you rent, when is your lease up? Do you expect interest rates to jump anytime soon? All these factors will affect your buying, closing, and moving timelines.
5. Think long term
Your future plans may dictate the type of home you’ll buy. Are you looking for a starter house with plans to move up in a few years, or do you hope to stay in the home for five to 10 years? With a starter, you may need to adjust your expectations. If you plan to nest, be sure your priority list helps you identify a home you’ll still love years from now.
6. Work with a REALTOR®
Ask people you trust for referrals to a real estate professional they trust. Interview agents to determine which have expertise in the neighborhoods and type of homes you’re interested in. Because homebuying triggers many emotions, consider whether an agent’s style meshes with your personality.

Also ask if the agent specializes in buyer representation. Unlike listing agents, whose first duty is to the seller, buyers’ reps work only for you even though they’re typically paid by the seller. Finally, check whether agents are REALTORS®, which means they’re members of the NATIONAL ASSOCIATION OF REALTORS®. NAR has been a champion of homeownership rights for more than a century.
7. Be realistic
It’s OK to be picky about the home and neighborhood you want, but don’t be close-minded, unrealistic, or blinded by minor imperfections. If you insist on living in a cul-de-sac, you may miss out on great homes on streets that are just as quiet and secluded.

On the flip side, don’t be so swayed by a “wow” feature that you forget about other issues-like noise levels-that can have a big impact on your quality of life. Use your priority list to evaluate each property, remembering there’s no such thing as the perfect home.
8. Limit the opinions you solicit
It’s natural to seek reassurance when making a big financial decision. But you know that saying about too many cooks in the kitchen. If you need a second opinion, select one or two people. But remain true to your list of wants and needs so the final decision is based on criteria you’ve identified as important.
More from HouseLogic
HOAs: What You Need to Know About Rules (http://www.houselogic.com/articles/hoas-what-you-need-to-know-about-rules/)

A Financial Plan for Your Home (http://www.houselogic.com/articles/a-financial-plan-for-your-home/)

When It Pays to Do It Yourself (http://www.houselogic.com/articles/when-it-pays-to-do-it-yourself/)
G.M. Filisko is an attorney and award-winning writer who has found happiness in a brownstone in a historic Chicago neighborhood. A frequent contributor to many national publications including Bankrate.com, REALTOR® Magazine, and the American Bar Association Journal, she specializes in real estate, business, personal finance, and legal topics.

Article From BuyAndSell.HouseLogic.com

By: G. M. Filisko
Published: February 10, 2010


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What You Must Know About Home Appraisals

14 Nov

Understanding how appraisals work will help you achieve a quick and profitable refinance or sale.
When you refinance or sell your home, the lender will insist that you get an appraisal–an opinion of the value of your home based on what similar homes in your area have sold for in recent months.

Here are five tips about the appraised value of your home.
1. An appraisal isn’t an exact science
When appraisers evaluate a home’s value, they’re giving their best opinion based on how the home’s features stack up against those of similar homes recently sold nearby. One appraiser may factor in a recent sale, but another may consider that sale too long ago, or the home too different, or too far away to be a fair comparison. The result can be differences in the values two separate appraisers set for your home.
2. Appraisals have different purposes
If the appraisal is being used by a lender giving a loan on the home, the appraised value will be the lower of market value (what it would sell for on the open market today) and the price you paid for the house if you recently bought it.

An appraisal being used to figure out how much to insure your home for or to determine your property taxes may rely on other factors and arrive at different values. For example, though an appraisal for a home loan evaluates today’s market value, an appraisal for insurance purposes calculates what it would cost to rebuild your home at today’s building material and labor rates, which can result in two different numbers.

Appraisals are also different from CMAs, or competitive market analyses. In a CMA, a real estate agent relies on market expertise to estimate how much your home will sell for in a specific time period. The price your home will sell for in 30 days may be different than the price your home will sell for in 120 days. Because real estate agents don’t follow the rules appraisers do, there can be variations between CMAs and appraisals on the same home.
3. An appraisal is a snapshot
Home prices shift, and appraised values will shift with those market changes. Your home may be appraised at $150,000 today, but in two months when you refinance or list it for sale, the appraised value could be lower or higher depending on how your market has performed.
4. Appraisals don’t factor in your personal issues
You may have a reason you must sell immediately, such as a job loss or transfer, which can affect the amount of money you’ll accept to complete the transaction in your time frame. An appraisal doesn’t consider those personal factors.
5. You can ask for a second opinion
If your home appraisal comes back at a value you believe is too low, you can request that a second appraisal be performed by a different appraiser. You, or potential buyers, if they’ve requested the appraisal, will have to pay for the second appraisal. But it may be worth it to keep the sale from collapsing from a faulty appraisal. On the other hand, the appraisal may be accurate, and it may be a sign that you need to adjust your pricing or the size of the loan you’re refinancing.
More from HouseLogic
How to use an appraisal to eliminate private mortgage insurance (http://www.houselogic.com/articles/cancel-your-private-mortgage-insurance/)

Understanding the assessed value of your home for tax purposes (http://www.houselogic.com/articles/why-real-estate-assessments-matter/)

Understanding the amount at which to insure your home (http://www.houselogic.com/articles/homeowners-insurance-are-you-over-or-underinsured/)
Other web resources
More information on appraisals (http://www.appraisalinstitute.org/profession/appraiser.aspx)

How to improve the appraised value of your home (http://www.appraisers.org/Consumer/ConsumerLibrary/SoftHousingMarketMakesforaHardSell.aspx)

G.M. Filisko is an attorney and award-winning writer who’s had more than 10 appraisals performed on her properties in the past 20 years. A frequent contributor to many national publications including Bankrate.com, REALTOR® Magazine, and the American Bar Association Journal, she specializes in real estate, business, personal finance, and legal topics.

Article From BuyAndSell.HouseLogic.com

By: G. M. Filisko
Published: March 12, 2010


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7 Tips for Short Sale Success

14 Nov

Have to sell your home for less than it’s worth? Our seven tips will help you get the best price.
When you owe more on your home than it’s worth, but you have to sell, you need to squeeze every dollar possible from the sale. Here are seven tips for navigating the short-sale process.

1. Know who you owe
A short sale has to be approved by any company that has a mortgage or lien against your home. That includes your first, second, or even third mortgage lender, your home equity line lender; your homeowners or condominium association; and any contractors who’ve placed a lien on your home. Make a list and start talking to everyone early in the process. Ask what documents they’ll need from you.

2. Pick your short sale team
You’ll need to work with a team of short sale experts, including a real estate agent, real estate attorney, and your accountant. Look for agents and attorneys who advertise themselves as short sale experts. Interview at least three, and listen carefully for signs that they understand the complexities of the short sale process.

Agents should explain how they’ll arrive at a suggested price for your home. Ask them to show you a sample short-sale package or for an example of a prior short-sale success.

3. Get your documents ready
Gather the paperwork your creditors and mortgage lenders asked to see, like your listing agreement and a hardship letter explaining why you need to do a short sale. You’ll also need proof of what you earn and what you owe as well as copies of your federal income tax returns for the past two years.

4. Expect delays
Despite a federal rule saying banks participating in the federal government’s Making Home Affordable loan modification program (http://www.houselogic.com/articles/making-home-affordable-modification-option/) must respond to short-sale offers within 10 days, it may take weeks or months for your lender to decide whether to allow you to sell your home in a short sale–and even longer if you must negotiate with more than one lender or lienholder.

Your lender and lienholders don’t have to agree to your proposed short sale. They can reject your terms or make a counteroffer, which can create further delays.

5. Anticipate demands
Discuss with your short-sale team how you should respond to common short-sale demands from lenders. For example, are you willing to sign a promissory note agreeing to pay outstanding amounts after the sale is complete?

6. Know the tax implications
Any unpaid amount of your mortgage “forgiven” by your lender through a short sale may be considered income to you under federal tax rules. Ask your attorney or accountant whether you qualify to exclude that amount as income on your tax returns under the Mortgage Forgiveness Debt Relief Act and Debt Cancellation Act. Also ask if you’ll be required to report amounts “forgiven” by other lienholders, if applicable.

7. Consider how the short sale will affect your credit and what you must pay
Ask whether your lender will report the short sale to credit-reporting agencies. Having a portion of your debt forgiven may negatively affect your credit score, but a short sale typically damages your score less than a foreclosure or bankruptcy.

Ask you lawyer whether you’ll be responsible for paying back the lenders’ loss. If the lender says it will forgive any losses on the sale of your home, get that promise in writing.

Other web resources
More on short sales (http://www.nolo.com/legal-encyclopedia/article-30016.html)

IRS information on the Mortgage Forgiveness Debt Relief Act and Debt Cancellation (http://www.irs.gov/individuals/article/0,,id=179414,00.html)

This article includes general information about tax laws and consequences, but isn’t intended to be relied upon by readers as tax or legal advice applicable to particular transactions or circumstances. Consult a tax professional for such advice; tax laws may vary by jurisdiction.

G.M. Filisko is an attorney and award-winning writer. A frequent contributor to many national publications including Bankrate.com, REALTOR® Magazine, and the American Bar Association Journal, she specializes in real estate, business, personal finance, and legal topics.

Article From BuyAndSell.HouseLogic.com
By: G. M. Filisko
Published: March 19, 2010

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Make Your House FHA-Loan Friendly

14 Nov

Know the basics of FHA loan rules and you stand a better chance of selling your house or condo.
Make your house FHA-friendly, and it will appeal to more homebuyers. Why? Because the Federal Housing Administration is insuring the mortgage loans used by about 30% of today’s homebuyers.

If your house passes the FHA rules, it will appeal to buyers who plan to use an FHA-insured mortgage. If your house doesn’t qualify for an FHA loan, you’re cutting out 30% of potential buyers.

FHA is especially important to first-time homebuyers and those with small downpayments because it allows borrowers with good credit to make a downpayment as low as 3.5% of the purchase price.

Here’s how to make your home appealing to FHA borrowers:

Know the FHA loan limits in your area
Start by checking to see if your home’s listed price falls within FHA lending limits for your area (https://entp.hud.gov/idapp/html/hicostlook.cfm). FHA mortgage limits vary a lot. In San Francisco, FHA will insure a mortgage of up to $729,750 on a single-family home. In the White Mountains of New Hampshire, the loan limit is $271,050.

Home inspections
Most buyers will ask for a home inspection, whether or not they’re using an FHA loan to buy the home. You must give FHA buyers a form (http://www.ncradon.org/docs/foryourprotection.pdf) explaining what home inspections can reveal, and how inspections differ from appraisals.

How much do you have to repair?
If the home inspection reveals problems, FHA will not give the okay to buy the home until you repair serious defects (http://www.hud.gov/offices/adm/hudclips/letters/mortgagee/files/05-48ml.pdf) like roof leaks, mold, structural damage, and pre-1978 interior or exterior paint that could contain lead.

Dealing with FHA appraisers
Help the lender’s appraiser by providing easy access to attics and crawl spaces, which usually must be photographed, says appraiser Frank Gregoire in St. Petersburg, Fla.

Your buyer can hire his own appraiser to evaluate your home. But FHA only relies on reports by its approved appraisers. If the two appraisals conflict, the FHA appraisal preempts the buyer’s appraisal.

Help with FHA closing costs
Most FHA buyers need help with closing costs, says mortgage banker Susan Herman of First Equity Mortgage Bankers in Miami. So a prime way to make your house FHA-friendly is to help with those costs.

FHA currently allows sellers to pay up to 6% of the sales price to help cover closing costs, but is considering lowering that limit to 3% in the fall of 2010.

If you’re selling a condo
FHA also has to approve your condo before a buyer uses an FHA loan to purchase your unit. Be sure your condo is FHA-approved for mortgages (https://entp.hud.gov/idapp/html/condlook.cfm). The list has been updated, so if your association was approved a year ago, check again to make sure it’s still on the approved list.

FHA generally won’t insure loans in condo associations if more than 15% percent of the unit owners are late on association fees. Ask your property manager or board of directors for your association’s delinquency rate.

Other rules cover insurances, cash reserves and how many units are owner-occupied (http://www.hud.gov/offices/adm/hudclips/letters/mortgagee/files/09-46aml.pdf) and the types of condos that can be purchased with an FHA mortgage (http://www.hud.gov/offices/adm/hudclips/letters/mortgagee/files/09-46bml.pdf).

FHA sometimes issues waivers for healthy condominiums that don’t meet the regular rules. If your condo isn’t FHA-approved, it doesn’t necessarily have to meet every single rule to gain approval. Ask your REALTOR® to consult with local lenders about getting an FHA waiver for your condo if it doesn’t meet all the requirements.

FHA also limits its mortgage exposure in homeowners associations. With some limited exceptions, no more than 50% of the units in an association can be FHA-insured (http://www.hud.gov/offices/adm/hudclips/letters/mortgagee/files/09-46aml.pdf).

FHA loans for planned-unit developments
FHA no longer requires lenders to review budgets and legal documents for planned-unit developments.

More from HouseLogic
Show Your Support for FHA (http://www.houselogic.com/articles/show-your-support-for-FHA/)

Other web resources
Why Ask for an FHA Loan? (http://www.hud.gov/fha/choosefha.cfm)

Find a State Program to Help Homebuyers Afford Your Home (http://www.hud.gov/buying/localbuying.cfm)

Terry Sheridan is an award-winning freelance writer who has covered real estate for 20 years, and has owned and sold three homes.

Article From BuyAndSell.HouseLogic.com
By: Terry Sheridan
Published: June 02, 2010

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