Real Estate Archives — Page 38 of 76 — First Rate Financial Group

31

Jul

Real Estate

What Is Eminent Domain?

What Is Eminent Domain Eminent domain is a law that gives the federal, state, county, and municipal governments in the United States the legal right to “condemn” property and then seize it to allow its use for development. Eminent domain is supposed to be used by the government at the various levels to do things for the public benefit, such as to build new roads or construct new public schools.

Compensation Under Eminent Domain Seizure

The government cannot take property without compensating the owner for its market value. Disputes that lead to lawsuits arise when the property owner and the government have a serious disagreement about the value of the property.

Imagine an acre of desert land in Nevada with no water, nothing built on it, and no utilities. The owner would be lucky to get $10,000 for it. Now, imagine it is less than a few miles away and that same amount of land is on the world-famous Las Vegas Strip. Now, it can sell for up to $10 million per acre.

What if the vacant land becomes a part of a new extension of Las Vegas? Is it worth $10,000 or $10 million? This is the type of thing that causes major legal disputes over the property valuations.

Abuse Of Eminent Domain

Eminent domain is supposed to be only used sparingly for the public benefit. Unfortunately, that is not always the case. Developers sometimes use eminent domain laws with the complicit help of government officials to seize all kinds of property that the owners have no intention of ever selling at any price. People may lose their family homes where they lived for generations so that the city can allow a developer to build a parking lot.

To make matters worse, in 2005, the U.S. Supreme Court ruled in a case called Keto v. City of London that the city could seize property on the mere expectation of increased tax revenues for the city or jobs.

This landmark case basically removed any restrictions and expanded the ability of the government to seize property on a mere pretense of having an expectation of revenues. In response to the U.S. Supreme Court ruling, 44 states enacted laws restricting eminent domain seizures in those states.

Summary

When a property owner gets hit with an eminent domain action, it is usually a surprise. The owner should immediately seek out competent legal counsel to help protect their rights and not necessarily let the abusers get away with using eminent domain laws inappropriately. There are non-profit organizations that are legal action groups, such as the Institute for Justice working on these issues that can help as well.

If you are in the market for a new home or interested in refinancing your current property, please contact your trusted home mortgage professional.

30

Jul

By First Rate Financial Group

Real Estate

The Community Reinvestment Act Explained In Simple Terms

The federal government adopted the Housing and Community Development Act in 1977, and the Community Reinvestment Act (CRA) portion was designed to prompt lending institutions to provide mortgages for low- and moderate-income Americans. The underlying reasoning for the CRA was to discourage discriminatory lending practices that inhibited low-income communities and neighborhoods.

Over the years, its regulations have been revised to improve effectiveness. During the early 1990s, upwards of five changes were made and more following the 2007 financial crisis. With the country currently in the midst of an economic comeback, the Office of the Comptroller of the Currency announced that it favored making changes to the rules that govern lending under the CRA. These changes could have a significant impact on the real estate market.

Modernization of the Community Reinvestment Act

Critics of the CRA say that it has failed to keep pace with the emerging technologies readily available in the low- to moderate-income communities it was designed to serve. Falling behind in this capacity reportedly inhibited the worthy goal of the policy.

Organizations such as the American Bankers Association are said to be in favor of modernizing the CRA. This group continues to press regulators to bring resources into the technology era. Improved technological resources appear to be critical elements to meeting community borrowing needs and improving banking transparency.

Another aspect of the CRA some feel has trailed behind the times is that not all lending institutions are subject to CRA guidelines. If the goal of the CRA is to give low- and moderate-income families a fair shot at the American dream of homeownership, other financial organizations may need to come under the CRA umbrella. A greater CRA borrowing pool is likely to increase residential and commercial buying.

How The CRA Helps Communities Build Wealth

The current administration has made some hay about pushing policies that centralize ownership in community members’ hands. Several of the potential rule changes to the CRA point to improved home and business ownership within low- and moderate-income communities. In essence, the changes are a kind of throwback to the days when the person who owned the local bakery, breakfast restaurant and hardware store lived within the community.

If successful, the discussed policy shift would encourage residents to buy residential and commercial real estate where they live. In some sense, the administration appears to be shielding living, breathing communities from the widespread corporate takeovers that occurred in the 1990s and early 21^st Century.

Critics seem to worry that tinkering with guidelines may lead to quantity over quality lending. However, proponents see a long-term plan to revitalize communities by restoring and increasing localized property ownership.

If you are in the market for a new home or interested in refinancing your current property, be sure to contact your trusted home mortgage professional.

26

Jul

By First Rate Financial Group

Real Estate

Innovative Home Security Technology

Innovative Home Security Technology For market value and the comfort of a home’s occupants, home security is just as important as energy-efficiency. Innovation in smart home technology focuses on both of these areas.

Here are some tips about things a homeowner can do to make a home more secure and a few pitfalls to look out for, which may not be obvious.

Smart View Doorbell

No matter how reinforced the front door of a home is, it is not secure if it is opened by someone inside without first knowing who is there. Additionally, smart doorbells allow the homeowner to view the front of their home using a smartphone application, even when they are not home.

These systems use motion sensors and video cameras. When someone approaches the front door, the motion sensors trigger and the camera captures the images of what is happening. The smartphone application notifies the homeowner that there is physical activity at the front door.

It may be a neighbor’s cat passing by or a burglar trying to steal a package or attempt a break in. The homeowner can trigger a response through some systems to send a security guard to the premises or has the option to call law enforcement.

Biometric Door Locks

Biometric door locks use fingerprints, iris (eye) scans, and/or facial recognition along with passwords to control who is authorized to enter a home. These systems improve door security and eliminate any problems caused by lost keys or unauthorized duplication of keys.

Improved Remote Garage Door Opener

These are convenient systems, especially when driving up to a home in bad weather and not wanting to get out to open the garage door. They do expose the home to vulnerabilities because the wireless signal that triggers their operations is hackable.

The newest systems use a password-protected system with a two-part security authorization that includes entering a password and responding to a text message sent to the homeowner’s smartphone. The wireless communications of the most innovative systems are encrypted, which makes them impenetrable to hacking.

Automatic Lighting

Smart home lighting can turn on and off automatically. This is useful to save energy and turn things off when a room is not in use. It is also useful to give the appearance that the home is in use even when the occupants are away. Lights and television sets can be turned off and on in the home, based on a pre-determined schedule as if done by occupants, which discourages burglars.

Remote Home Monitoring

Many systems exist that allow a homeowner to remotely monitor a home. “Nanny” cams allow parents to use a smartphone application to view their baby at home when in the care of a babysitter. Other systems allow viewing the entire home.

Be cautious when implementing wireless systems. It is very important to use point-to-point encryption technology to protect the wireless transmission from hacking. It is critical to understand that having a wireless view of the interior of the home creates a security risk if hacked by unauthorized users. As an alternative, the home can be hard-wired (not use a wireless signal) and encryption used to send data to the homeowner’s smartphone.

Summary

Improved home security is a value-added thing to have for a property to protect the occupants and may also improve the home’s resale value. Just be careful not to create new security vulnerabilities by using systems with unprotected wireless communications.

If you are looking for a new home or interested in refinancing your current property, be sure to contact your trusted home mortgage professional.