Archive for January, 2007

Eight Ways to Transform a House

Wednesday, January 31st, 2007

“Two story brick traditional with 4 bedrooms, 2.5 baths, island kitchen, and large deck!” Sound familiar? We often talk about houses in terms of room count, along with a list of finishes, such as tile floors, granite counters, or faux paint. While this vocabulary conveys certain facts, it does not provide the tools to think about how to re-design a house in a fabulous way.

It is valuable to be able to make the decisions that transform a poor design into a house that is memorable, enduring, and widely appealing. To do this we need to go deeper than simply updating finishes or increasing square footage. We must think about how the structure shapes the feelings and experience of its inhabitants. In the words of Winston Churchill, “We shape our buildings, and afterwards our buildings shape us.” When a house has design flaws, we know intuitively that it does not feel right. On the other hand, a well designed house can make us feel inspired, enriched, and touched by a sense of order.

We often see houses that have some elements in the structure and site that appeal to us, but cannot be lived in without remodeling. Often our clients say that they want to find a house with good bones (meaning good basic design), that they can update. The truth is that most houses have some good design and some bad design. Painting walls and updating fixtures will not cover bad design. You will need to think about the house in a deeper way. Use these design processes to help you make the difficult decisions that will result in a house that many people would love to live in.

1. Relate the house to the site.

Think about how the house integrates and interacts with the land around it. This awareness is a basic, but often ignored, beginning. The connection and interplay between interior and exterior spaces enhances both in a powerful way.

Manage the views from each window. Is there an undesirable view into a neighbor’s home or yard? Is there a nice view that is blocked by a wall or fireplace?

Notice how the walkway leads to the street, where privacy is needed, where noise buffering is needed, how drainage will work.

A side area could be a private garden, accessible from the main bedroom. A front porch overlooking the street could bring the house into a relationship with the neighborhood.

2. Bring in natural light.

Houses can be transformed by adding windows and other light sources. Generous light feels safe and uplifting, and attracts people toward it.

Natural light raises the level of importance and the beauty of rooms. Light all main rooms from two sides, if possible, to reduce glare and balance the light. Use glass doors, windows, skylights, transoms, or light tunnels.

Keep passive solar techniques in mind as you add windows and shading devices. The control of solar energy for light and heat is fundamental for an efficient and comfortable home.

3. Break down hard barriers between indoor and outdoor spaces.

Glass doors, screens, and walls that slide open can create semi-transparent walls, forming indoor/outdoor spaces that have enormous appeal.

Breezeways, garden rooms, bay windows, and screened porches are spaces that people love. These bring people into contact with the outdoors, yet may be furnished in a comfortable way.

4. Think of outdoor spaces as large rooms.

When all areas of the site are thought of as living spaces, new ideas open up. These outdoor spaces expand the house by creating a sense of semi-enclosure in various ways.

Their edges can be defined by trees, fences, wings of the house or other buildings. For example, an outdoor room may be a shady natural space on the site enclosed by a line of trees and shrubs.

Outdoor living spaces can be courtyards, walled gardens, trellis covered breezeways, stone patios, or outdoor showers. Think about their use and connectedness to the house.

Often, we see an exterior space that is built as an isolated destination place - a second floor deck, for example. If you have to make an effort to go there, the space will not be used. Outdoor spaces are most used when they are on paths used by people coming and going. This is why a front porch is a very appealing design element. People naturally meet here, and the porch connects with neighbors walking by.

A popular outdoor living area is the backyard deck. This is often seems to be an afterthought, tacked onto the house. Can it be covered and screened?

5. Consider widening roof overhangs or adding propped shutters over windows.

This is a green building technique in warm climates, blocking solar penetration.

The view of the outside roof structure seen from inside the house evokes a sense of shelter and protection.

If possible, extend the roof in some areas to create covered porches or breezeways. Rooms that are simultaneously open and protected are very appealing.

Inside the house, exposed rafters, rustic beams, or wood surfaces on the ceiling create feelings of strength and character in the home.

6. Review traffic flow - a crucial, but often ignored, design element.

Walk down the paths that bring you inside the front door, then lead you to various rooms through the house, and again to the outdoors. Do they cut through the middle of living areas? When this happens the living area will never feel complete and comfortable.

Circulation paths should lead along the edges of main rooms, and efficiently to private rooms. A maze like floorplan creates a sense of wasted energy and confusion. Few exterior doors may result in a subtle feeling of being trapped.

Bring multiple uses to hallways and connecting spaces with bookshelves, windows or window seats.

Set apart the main entrance with details such as a covered place to stand, special doors, benches, or potted plants.

7. Compare the sizes of rooms in proportion to each other.

People have an intuitive sense of the correct hierarchy of spaces. Small living spaces will seem wrong when combined with large bedrooms.

Homes with awkward design can often be improved by removing walls to make one large space from several smaller ones.

Consider the use and function of each room. Is the room to be used privately, such as a bedroom, study, or library? Or, will the family gather here to cook and eat informally? Some houses include formal areas, others do not. Some have many rooms, others are very open. There is no right or wrong decision here. Houses that have a true and intuitive appeal have a clarity as to the function of each room.

8. Choose materials as an integral part of the design - not as decorator selections made at the end.

For example, structural materials can be exposed, or flooring can be used to connect and unify spaces.

Bring in the beauty and texture of natural materials. Use materials that offset each other - warm and cool colors, rough and smooth textures, solid and delicate walls.

Use materials to connect the house to the site - for example, a wood clad house surrounded by woods, or a stone house next to outcroppings of stone. Or, connect the house to the neighborhood with historic colors and siding. Repeat materials and colors to unify the interior and exterior.

by Roselind Hejl

Top 7 Tips for First Time Home buyers

Wednesday, January 24th, 2007

Purchasing your first home is a big step, that comes with some very serious decisions. Many home buyers are intimidated by the process, and continue renting much longer than they should, or need to. However, if you break the home buying process down into these simple steps, and follow these important tips, you will find the process less intimidating, and much more manageable.

1) Before You Begin, Ask Yourself One Question

Will you live in your next home for at least 3 years? If the answer is “Yes,” you should probably purchase, rather than continue renting. With average appreciation, you’ll break even on your closing costs after 2 years, and start making money at year three. Every year after that will put more money in your pocket! The most expensive aspect of real estate is buying & selling, so the longer you can live in the home the better. However, purchasing makes sense if you can make as little as a 36 month commitment.

2) You Don’t Need a Down Payment!

It always surprises me how many people want to purchase a home, but don’t because they believe that a hefty down payment is required. Zero down programs are very common, and are quickly becoming the norm, rather than the exception to the rule. Because your new home is collateral for the loan, there are many banks that will jump at the chance to loan you 100% of its value. Perfect credit isn’t a requirement, either. Because real estate typically appreciates in value, it’s often easier to be approved for a 100% mortgage than it is to borrow 100% for a car!

3) Get Pre-Qualified

Pre-qualification is a very important step, and the step that first time home buyers dread the most. Qualifying to buy a home is pretty easy and requires relatively little work for you. Pre-qualification is what gives you buying power and allows you to make an offer on your dream home when you’ve found it. More importantly, pre-qualification will let you know how much your new home will REALLY cost - in monthly payments. A $150,000 or $300,000 home doesn’t mean a lot to most buyers - but $1200 per month and $2500 per month are tangibles that everyone can understand. After your lender pre-qualifies you, ask them for a “payment table” that shows you a rough estimate of TOTAL monthly payment based on purchase price. Pick your payment, and you know the price range to shop in.

4) Consult a Real Estate Professional ASAP

Many first time home buyers avoid contacting a Real Estate Agent because they dislike high pressure sales. However, Real Estate Agents have an advantage over traditional salespeople because they have access to the Multiple Listing Service, which is a database that lists roughly 99% of the homes for sale in a given market. This means that your Real Estate Agent doesn’t have to sell - he/she merely presents your options. The most important qualities to look for in your Real Estate Agent are his/her knowledge of your specific market and their willingness to help. Interview a few agents and choose one that will help guide you through the process. You’ll find the help & insight will be invaluable - and you’ll be glad you contacted your Real Estate Agent sooner, rather than later.

5) Make a List of “Must Haves” & “Wants”

Many new home buyers mistakenly think that they will “just know” when they “walk into the one.” While some buyers DO fall instantly in love with a home, this is not the norm. You’ll find your search is easier, and you will be more confident in your decision, if you take a systematic approach to your search. The best way to organize your search is to make two lists: Your “must haves” and your “wants.” Your “must haves” are the absolute necessities in your new home - in fact, you don’t even need to view a home if it doesn’t have every “must have.” Great examples of your “must haves” are price, school district, size, etc… Your “wants” are the qualities that you would like for your new home to have, but it’s not a necessity. Great examples of “wants” are color, flooring, kitchen appliances, surround sound, and type of exterior. By taking the time to articulate what you need and want in your new home, you will know exactly what to look for when viewing prospective homes.

6) Pick Your Favorite Neighborhoods

You can always make changes to your house, but you can never change its location. Most home buyers already have a good idea of where they would like to live because of school districts, work, or other factors. However, neighborhoods can be pretty different, even in the same area of the city. Ask your Real Estate Agent to email you a list of homes in the specific area of town you’re interested in. Take a drive through the different neighborhoods on the list your Real Estate Agent sends you, and choose your favorites. Pay attention to area amenities, how well the yards & common areas are kept, and if you see a lot of “for lease” signs - which can be an indication of a heavy rental area, and lacking in “pride of ownership.” After you have picked your favorite neighborhoods, and you know your “must haves” and “wants,” you can literally make a list of EVERY home available that meets your criteria, and view those homes.

7) Make Your Decision!!!

Home buyers often hesitate after they’ve found the right home because they’re not confident about their decision, or their decision-making process. Your home is probably the largest investment of your life, and it’s normal to feel butterflies in your stomach before putting your first home under contract. However, if you do your due diligence - and you have if you followed the steps above - then you will have your bases covered. If you’ve found a home that meets all of your “must haves,” most of your “wants,” is in the right neighborhood, and in your budget - it’s the home for you! Don’t wait and let another buyer take YOUR home!

Buying your first home can seem very intimidating, but can be extremely exciting. If you think that buying a home is right for you, it probably is. Make sure and follow these important tips and you’ll know you made the right decision when you find your first home.

by Eric Bramlett
Eric Bramlett is the Broker and co-owner of One Source Realty in Austin Texas. Visit Eric’s Austin Texas Real Estate Guide, visit his Austin Texas Real Estate company’s website, & his Austin Condos & Lofts Guide. Eric recently launched his Tulsa Oklahoma Real Estate Guide. He has seen considerable success in real estate, and looks forward to many more years in the business. Eric currently invests, renovates, and develops real estate in the Greater Austin Texas Market. He spends his time working with select clients, helps his new agents get started in their real estate careers, helps his experienced agents progress their careers to the next level, & when he has time…he takes his dogs to the lake.

About Wisconsin Foreclosures

Friday, January 19th, 2007

Wisconsin foreclosures are handled through court proceedings most commonly.

Pre-foreclosure Period

A Wisconsin foreclosure begins when the lender files the appropriate documents with the court. The lender must deliver a notice of the court filing to the borrower and other parties with an interest in the property, in order for a lender to obtain a foreclosure ruling from the court. The court may order in its ruling that all sums paid by the lender for insurance, repairs, and taxes be added to the amount owed.

Based on precedent in Wisconsin, the lender customarily warns the borrower that they intend to foreclose on the property before filing with the court.

Once the court has issued a judgment of foreclosure, the borrower has a reinstatement period to stop the foreclosure by paying off the amount owed. The reinstatement period varies widely based on the mortgage date and terms, parcel size, and occupancy status. Abandoned properties have a two-month redemption period, while most other properties have 6-12 months.

Notice of Sale / Auction

The local sheriff gives notice of the time and place of sale either according to the law or as instructed in the court’s ruling. In most cases, the foreclosure sale cannot occur until after the owner’s reinstatement period is completed. The notice of sale is published within that 12-month period, although the first publication has to be at least 10 months after the date the court’s ruling is entered. The parties may consent to an earlier sale.

The sheriff conducts the foreclosure sale, and any party with 10 percent of their maximum bid at the sale may bid. The 10 percent amount must be payable to the county sheriff. Within 10 days, the sheriff files a report of the sale and deposits the proceeds with the clerk of the court. Upon confirmation of sale, the clerk pays the parties entitled to the sale proceeds and delivers the deed transferring ownership to the highest bidder, who must pay the balance of the sale price. If the buyer fails to pay the balance of the sale price within 10 days after the confirmation of sale, the deposit is forfeited, paid to the entitled parties, and a resale is held. If the court does not confirm the sale, the clerk refunds the buyer’s deposit and a resale occurs.

In the case of a surplus, other affected lien holders may file a notice with the clerk of the court, and the court determines who is entitled to any or part of the surplus.

If the property sells for less than the default amount and sale costs, the sale will not be confirmed and no judgment for deficiency rendered until the court is satisfied that the fair value of the property has been credited on the mortgage debt, interest and costs.

Eminent domain—Uses & Abuses

Friday, January 19th, 2007

What is Eminent Domain

Eminent domain refers to the power possessed by the state over all property within the state, specifically its power to appropriate property for a public use. In some jurisdictions, the state delegates eminent domain power to certain public and private companies, typically utilities, such that they can bring eminent domain actions to run telephone, power, water, or gas lines. In most countries, including the United States under the Fifth Amendment to the Constitution, the owner of any appropriated land is entitled to reasonable compensation, usually defined as the fair market value of the property. Proceedings to take land under eminent domain are typically referred to as “condemnation” proceedings.

The Process of Eminent Domain

Eminent domain law and legal procedures vary, sometimes significantly, between jurisdictions. Usually, when a unit of government wishes to acquire privately held land, the following steps (or a similar procedure) are followed:

    The government attempts to negotiate the purchase of the property for fair value.

    If the owner does not wish to sell, the government files a court action to exercise eminent domain, and serves or publishes notice of the hearing as required by law.

    A hearing is scheduled, at which the government must demonstrate that it engaged in good faith negotiations to purchase the property, but that no agreement was reached. The government must also demonstrate that the taking of the property is for a public use, as defined by law. The property owner is given the opportunity to respond to the government’s claims.

    If the government is successful in its petition, proceedings are held to establish the fair market value of the property. Any payment to the owner is first used to satisfy any mortgages, liens and encumbrances on the property, with any remaining balance paid to the owner. The government obtains title.

    If the government is not successful, or if the property owner is not satisfied with the outcome, either side may appeal the decision.

Takings

There are several types of takings which can occur through eminent domain:

Complete Taking - In a complete taking, all of the property at issue is appropriated.

Partial Taking - If the taking is of part of a piece of property, such as the condemnation of a strip of land to expand a road, the owner should be compensated both for the value of the strip of land and for any effect the condemnation of that strip has on the value of the owner’s remaining property.

Temporary Taking - Part or all of the property is appropriated for a limited period of time. The property owner retains title, is compensated for any losses associated with the taking, and regains complete possession of the property at the conclusion of the taking. For example, it may be necessary to temporarily use a portion of an adjacent parcel of property to complete a construction or highway project.

Easements and Rights of Way - It is also possible to bring an eminent domain action to obtain an easement or right of way. For example, a utility company may obtain an easement over private land install and maintain power lines. The property owner remains free to use the property for any purpose which does interfere with the right of way or easement.

Fair Value

Fair value is usually considered to be the fair market value - that is, the highest price somebody would pay for the property, were it in the hands of a willing seller. The date upon which the value is assessed will vary, depending upon the governing law. If the parties do not agree on the value, they will typically utilize appraisers to assist in the negotiation process. If the case is litigated, both sides will ordinarily present expert testimony from appraisers as to the fair market value of the property.

Just Compensation

At times, fair value includes more than the price of an item of property or parcel of real estate. If a business is operating from the condemned real estate, the owner is ordinarily entitled to compensation for the loss or disruption of the business resulting from the condemnation. In a minority of jurisdictions, the owner may also be entitled to compensation for loss of “goodwill”, the value of the business in excess of fair market value due to such factors as its location, reputation, or good customer relations. If the business does not own the land, but leases the premises from which it operates, it would ordinarily be entitled to compensation for the value of its lease, for any fixtures it has installed in the premises, and for any loss or diminishment of value in the business.

Public Use

Ordinarily, a government can exercise eminent domain only if its taking will be for a “public use” - which may be expansively defined along the lines of public “safety, health, interest, or convenience”. Perhaps the most common example of a “public use” is the taking of land to build or expand a public road or highway. Public use could also include the taking of land to build a school or municipal building, for a public park, or to redevelop a “blighted” property or neighborhood.

Abuses of Eminent Domain

In recent decades there has been growing concern about the manner in which some states and units of government exercise their power of eminent domain. Some governments appear inclined to exercise eminent domain for the benefit of developers or commercial interests, on the basis that anything that increases the value of a given tract of land is a sufficient public use. Critics respond that this is absurd, and that there are few properties, no matter how upscale, which could not be made more valuable if developed in a different manner. They also note that if a developer is unable to purchase the property on the open market, it is unlikely that the landowners will truly be offered the value of the property through condemnation proceedings. The governmental response to that point is that the law of eminent domain arose from the experience that some property owners are unwilling to negotiate a reasonable sale price, and such unreasonableness should not provide a basis to extort an above-market price or to prevent the completion of a public project.

For example, in one case a town wished to exercise eminent domain over a residential neighborhood, so that an upscale condominium development could be built on that land. To advance that goal, they defined any home within the neighborhood as “blighted” if it did not have three bedrooms, two bathrooms, an attached two car garage, and central air conditioning. The homeowners challenged the definition in court, and were ultimately successful in fighting the municipality’s efforts to take their homes.

Forms of Taking Title

Friday, January 19th, 2007

Taking title to a home can seem like a boilerplate event during escrow, but it is very important. The prime question is how you take title.

Taking Title When You Buy

If you are a first time buyer, you are probably wondering what taking title refers to. It is not the act of accepting a piece of paper from the seller. Taking title refers to who is listed on the title and HOW they are listed. If you are not married and are buying the home alone, you can stop reading now because you simply take the title in your own name. If you are married or buying the property with another person, things get a bit complex.

Most buyers take title in these ways – joint tenancy, or tenants in common. Here is a closer look at each.

Joint tenancy is a popular method of taking title. Joint tenancy simply is a co-ownership situation where the purchasing parties are both listed on the title. The advantage of this form of ownership is each person on title has the right of survivorship, meaning that if one of the owners dies, title passes automatically to the surviving owner. Joint tenancy also offers tax benefits in the form of a stepped up basis. It is beyond the scope of this article, but the general idea is that the surviving owner gets to step up the cost of the home, which saves on capital gains taxes.

Tenants in common are essentially partnerships to own a property. They are generally disfavored because of tax issues.

So, which title should you choose when buying a home? There really is not one correct answer. You simply need to analyze your specific circumstances to make the best choice.