Wednesday, December 18, 2013

401(k) Loans and Bankruptcy

Consumers considering bankruptcy usually do so only as a last resort. If you are in this situation, you have likely exhausted all other options to keep yourself financially afloat, from selling off possessions to cashing out or borrowing against retirement accounts. If you have borrowed – or are considering borrowing – from your 401(k), 403(b), 457 or other qualified retirement plan, keep in mind that these loan repayments receive very different treatment, depending on whether you are filing for Chapter 7 or Chapter 13 bankruptcy, and can negatively impact your ability to qualify for a Chapter 7 discharge. If bankruptcy may be in your future, you should consult with an attorney before borrowing against any retirement accounts to avoid unintended consequences.

Most who borrow against their 401(k) accounts do so because they need access to immediate cash and intend to repay the loan in the short term in order to preserve the funds for retirement and avoid the income tax ramifications of an early distribution. Unfortunately, bankruptcy trustees don’t see it the same way. In the trustees’ view, allocations for repayment of 401(k) loans result in an unnecessary reduction in disposable income that you would otherwise use to repay your creditors under a Chapter 13 plan.

The primary difference in how these retirement account loans are treated in Chapter 7 versus Chapter 13 bankruptcy is in the “means test.” To qualify for a Chapter 7 bankruptcy, you must meet one of two conditions: 1) your household income is below the average income for your family size in your state; or 2) if your household income is greater than the average, but you pass the means test. In Chapter 7, the means test is used to help the court determine whether the debtor has enough income to fund a repayment plan under Chapter 13, rather than seeking a discharge under Chapter 7.

The means test establishes a budget using “reasonable” figures as determined by the IRS. If your actual expense exceeds the “reasonable” figure, any excess is deemed to be disposable income available to repay unsecured creditors. Unfortunately for 401(k) borrowers, these loan repayments cannot be included in their Chapter 7 means test budget. As a result, under the means test calculation, any amount you are repaying to your 401(k) loan is actually deemed to be “available” to repay creditors under a Chapter 13 repayment plan. The trustees are concerned with making sure your creditors are paid, if at all possible, and are not concerned as to whether your failure to repay your 401(k) loan will cause you to owe income taxes or penalties.

Under a Chapter 13 bankruptcy means test, however, 401(k) loan repayments are included as an allowable expense. The Chapter 13 means test is used to determine how much money should be paid to unsecured creditors as part of your repayment plan. By including the loan repayments as an expense under the Chapter 13 means test, the amount of disposable income leftover to repay your unsecured creditors is reduced.

As you can see, with so many nuances and distinctions between the bankruptcy remedies available, it is vitally important that you share with your attorney all available information about every asset or debt – even when you just owe the money to “yourself”.

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No Surprises in Your Homeowners Insurance?

What’s really covered on your homeowners insurance policy?

A solid homeowners insurance policy can provide peace of mind about securing one of your most valuable assets. Unfortunately, many homeowners don’t fully grasp what exactly is covered under that policy, and most importantly, what isn’t.

Homeowners insurance policies generally cover your home itself and other physical structures on the property. Your personal belongings also fall under most policies, along with property damage and bodily injury sustained by you or others on your property. You, your spouse and children, and any guests, tenants, or employees in your home can all be covered under this policy, just be sure to check when you purchase the policy.

Sounds like they've got you covered, right? Not so fast; there are a number of possible perils that are often not covered under basic homeowners insurance. Knowing what falls into this category can save you a lot of time and trauma if you ever experience one of these situations in the future.

The two main exceptions are earthquake and flood damage. The impacts of these natural disasters would not be covered by your standard policy. Earthquake insurance and coverage for some types of water damage can often be purchased as an addendum, but flood insurance must be purchased on its own as a separate policy.

Further, standard policies don’t cover damages to your building as a result of your failure to perform regular maintenance on your property. Insect, bird, or rodent damage, rust, mold, and any kind of wear and tear on your property is typically not covered. Neither are hidden defects, mechanical breakdowns, or food spoilage in the event of a power outage. Though there is no current concern for this, damage caused by war or nuclear exposure is also not covered.

Some things have minimal coverage built into your standard policy, for which you can purchase additional coverage as an addendum. Valuable property, including firearms, jewelry, silverware, etc., is usually covered by a standard $1,000. Insurance for replacement value of lost or damaged property is usually determined on an itemized basis that takes depreciation into account. You can expand this coverage by paying to remove depreciation from consideration.  Liability coverage can be increased if desired as well.

These should serve as general guidelines for your homeowners insurance, but be sure to consider the details on your specific policy.  It’s important to consider exactly what you have covered in order to determine what additional types of insurance you may want to purchase.

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Saturday, December 7, 2013

FHA, VA affordable down payment

If you are falling short of your goal of home ownership because you don't have enough for a down payment, you may have overlooked some viable resources. Down payment assistance can be obtained through the FHA or the VA.

For instance, loans offered through the Federal Housing Administration or FHA are available to real estate purchasers with low to middle incomes. This type of financing is not prohibitive as it doesn't place restrictions on your income and features a lower down payment. Even people with less-than-glowing credit scores can be considered for FHA financing.

In addition, if you are a Veteran, you'll no doubt want to consider applying for a zero-down loan. Plus, you are at a distinct advantage as you don't have to buy private mortgage insurance in order to be approved for financing. 

Obtain more information about the above programs by contacting us at your convenience. You can also visit our company website for further details.

We look forward to hearing from you and working with you to realize your housing goals and dreams. 

The Lender you know and trust,

Darin Marquardt
Mortgage Consultant

Big Valley Mortgage
Senior Loan Officer

Phone: 916-716-5115
DRE License #01201281 | NMLS # 247350

Sacramento Notary

Servicio de Apostilla de California | Sacramento Estate Planning | Necesita Apostilla de emergencia? 
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Monday, November 18, 2013

Folsom, Loan Officer

James Anderson

"I’ve been in the mortgage industry for over 18 years.  Having held nearly every position in the loan process from start to finish, including executive positions, I’ve found that there is nothing more rewarding than working directly with clients to help them achieve their home financing goals.  Clear and consistent communication throughout the process as well as being available to my clients (yes, even weekends!!) has been the foundation for my success.  Navigating through the many loan choices available and the every changing guidelines can quickly become overwhelming for most.  My goal on every transaction is to educate my clients on the best options available given their scenario, navigate them through the process, establishing expectations and then surpassing those expectations in the end.  I also pride myself on being able to “run” as fast as the client wants/needs to on a transaction.  Whether it’s a standard 30 day escrow or a faster close of  escrow is needed, we outline a plan to get it done!  I look forward to being your long term mortgage professional!"
NMLS #983772


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Wednesday, November 13, 2013

Title Escrow news

Ticor Title Company
Ticor Title showed a strong third quarter with everyone knowing that the transition from a refinance driven market to a purchase driven market was a reality. They achieved nearly the same margin of 2012 despite 15% decline in closed orders.

Escrow Closings
How to avoid costly delays.
Having an awareness of bank requirements in advance of your signing appointment can make the difference:
- Find out with your bank about wire limitations or account restrictions. If your bank has a daily limit you may not provide the necessary funds to close.
- If funds are to be deposited into the seller's investment account: Be sure to bring full account information.
- If your property is in a Trust, do you have an account just for that Trust? Proceeds cannot be deposited in individuals accounts. Read all details at Ticor Blog

They also provided a useful information regarding your stolen identity. Place an initial fraud alert on your credit report. Order your credit reports. Create an Identity Theft Report. Should Notary Signing Agents provide a summary of steps to take to protect your confidential information at the time of a signing?


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California Mobile Notary Network at Twitter

Sacramento Mobile Notary Signing Agent, Spanish Translation, Apostille service. Tel 1-707-992-5551

Monday, November 4, 2013

Mortgage Loan Officer - Loan Originator JOB.

Mortgage Loan Officer - Loan Originator

Carrington Mortgage Services, a fully integrated mortgage company with mortgage lending, servicing operations and an affiliated real estate brokerage is currently hiring Licensed Mortgage Loan Officers.
We service approximately $16 billion in mortgages and are licensed to arrange financing in a majority of states in the U.S.
Think you have the experience and talent to be a top producer?
Tired of fighting to fund your loans?
You know how to get the job done but are missing support?
Then Carrington Mortgage Services, WANTS YOU!Our Real Estate Affiliate lists and sells retail & REO properties for Carrington Mortgage Services. These REO’s generate 5+ pre-qualifications and purchase leads.
As a member of the Carrington Family you’ll benefit from…
  • · We have a 25 Day Guarantee!
  • · Competitive pricing, no hidden fees or margins.
  • · Our own Real Estate Affiliate.
  • · Diverse product lines.
  • · Paperless loan file flow and process.
  • · Service level commitments for all support functions.
  • · A choice of having processing in the branch or at the corporate office.
  • · Our loan officers work with Multiple Loans Programs as we are a DIRECT LENDER. We can portfolio products, do correspondent, or broker.
  • · We Have REO Leads, Purchased Leads, and our own RE Team.
  • · We own 15 companies including a Atlantic Pacific Real Estate (real estate sales), Servicing, Escrow, REO’s.
  • · We are opening 70 more branches this year so there is also tons of room for advancement.
  • · Stability. Carrington is not just a mortgage lender. We are part of Carrington Capital, a Billion$$ Asset Manager.
  • · Company Laptop and IPhone Provided.
  • · Expense account for most of your business to business expenses including business lunches, membership in business organizations, Open House or seminar expenses. The company will also support and offset your efforts in sourcing business!
  • · Competitive benefits package including, medical, dental, vision and much more.
  • · 2+ years of mortgage lending experience preferred.
  • · Safe Act 2008 certification required
  • · Must be team oriented
  • · Strong experience with FHA and conventional loans
  • · Must be able to follow loan protocols
Key Terms: Mortgage Loan Officer, Loan Officer, Senior Loan Officer, Mortgage Banker, Home Mortgage Consultant, Mortgage Consultant, Senior Mortgage Loan Officer, Sr. Loan Officer, Personal Banker

Desired Skills and Experience

  • · 2+ years of mortgage lending experience preferred.
  • · Safe Act 2008 certification required
  • · Must be team oriented
  • · Strong experience with FHA and conventional loans
  • · Must be able to follow loan protocols

Loan Origination:
Folsom, California
Newport Beach, California
Anaheim, California
Fresno, Pleasant Hill, San Bernardino, Covina, Ventura, San Jose, Murrieta, San Bernardino, Oceanside, Riverside ...


California Mobile Notary Network.
California Mobile Notary Network

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The Top Five Real Estate Myths Explained

It’s hard to forget the effect the real estate market crash had on many people during the recession, which is why so many myths and rumors continue to permeate this industry. Interested home shoppers tend to buy into five top myths, but if you dig a little deeper, you will quickly realize that there isn’t much truth to these rumors. Here, we explain the top five real estate myths!
Find a Fixed Mortgage: One of the biggest issues during the economic downturn was willy-nilly lending practices that included adjustable rate mortgages (ARMs). Buyers were enticed into a super low interest rate that would later adjust into something they could never afford. That’s why so many people are preoccupied with fixed-rate mortgages. According to David Reiss, a professor at Brooklyn Law School who specializes in real estate: “The necessity of getting a 30-year fixed rate mortgage is one of the biggest myths about home buying. The average American household stays in their home for about seven years. Typically, 30-year fixed rate mortgages have higher interest rates than adjustable rate mortgages (ARMs). Home buyers should take a hard look at their plans for the new home.”
Dinged Credit Will Prevent a Mortgage Approval: Buyers with less-than-perfect credit are usually hesitant to sit down with a mortgage broker and discuss their options because they’re confident the answer will be a resounding: “NO!” Not the case though. Lenders are more willing than ever to work with interested buyers, realizing that many were hard-hit during the economic downturn in the way of job loss, foreclosure and so forth.
Don’t Start House Shopping Until You Have 20 Percent In the Bank: A 20 percent down payment became the magic number during the housing crisis, but it’s not necessarily the amount you need to purchase a new home. There are a variety of loans out there that require considerably less than 20 percent down, and speaking with a lender is the best way to apprise yourself of what’s available and what you qualify for finance-wise.
To Save Money, Forget Working With a Realtor: Unless you have your real estate license, the small amount of money you would save from eliminating a real estate agent is definitely not worth it. Real estate agents are adept at negotiating on your behalf, working through contingencies, communicating with the seller on your behalf, and working through the tall stack of paperwork that a real estate purchase requires. Plus, it’s more common than not for a seller to pay their commission anyway.
Don’t Delay, Buy Today: Frenzy is a word that many have used to describe the national real estate market in 2013. As prices pushed higher and many markets saw bidding wars, buyers were prompted off of the sidelines to get in the game. But buying a home is a big decision and you need to make sure you’re ready for the commitment. Just because everyone else is buying does not mean that today is the right time for you.
- See more at:

Glenn Oaks Escrow

Sacramento Mobile Notary Signing Agent, Spanish Translation, Apostille service. Tel 1-707-992-5551

Saturday, November 2, 2013

Mortgage rates, stock market, economy

We closed the week with very disappoint- ing results for the underlying financial instruments that dictate home loan rate

financial markets. The stock markets were not really overjoyed at the Fed’s newly stated position. Stock prices fell after peaking at new record highs for a few of the primary stock indices earlier in the week.

levels, the delivery rate (DR), in spite of a paucity of meaningful econonews releases.

Some of the econonews releases of this past week included September pending home sales falling by 5.6% relative to August. Not a good omen for the fu- ture of home sales. The Case-Shiller home price index reflected a slowing of the pace of price appreciation.

Typically we see home loan rates and bond yields rise when there is favorable indications that the economy is expanding more rapidly and/or there is an increased potential for unacceptable levels of inflation making its way into the economy. We did have
one report that suggested consumers’
expectations for inflation in the future
was higher, but that was nothing more
than a footnote in one release.

Retails sales for September fell by 1/10% and this is worrying retail organizations for the upcoming holiday shopping season. Inflation on the wholesale and manufacturing levels fell by 1/10% while consumer level inflation rose by 2/10% with the core rate up only 1/10% allevi- ating some of the market’s inflation concerns.

We are nowhere close to unac-
ceptable levels of inflation within the
economy. Beyond that, the Fed even
said in their press release this past week
(after their monetary policy meetings)
that they are willing to raise their ac-
ceptable inflation level temporarily as
the economy needs some stimulus to get back on track The stimulus we are referring to is the Fed’s monthl purchase of $85 billion of US Treasury instrument and mortgage-backed securities (MBS-the stuff tha determines the DR).

Initial claims for jobless ben- efits came in higher than expected while ADP job creation figures were less than expected. Of course with numbers like these and the government shutdown it should come as no surprise that consumer confidence has been badly shaken and it plummeted for October. All the news should have pushed rates

The universal reaction of the Fed suggestin higher inflation levels, for whatever reason, was ba for the potential consequences for the long-term infla tion paradigm, or so the markets believed. We do no subscribe to that perspective, but we do not control th

lower, but it didn’t.
Looking ahead to the upcoming week we see

enough fundamental data to turn the tide back in the direction of a downward glide path for home loan rates, but... Stay tuned.

We are seeing a surge of private capital coming into the housing sector. This is a great turn of events.

Pro Mobile Notary’s Weekly Market InsightsTM


Friday, November 1, 2013

Advance Planning Can Help Relieve the Worries of Alzheimer’s Disease

Advance Planning Can Help Relieve the Worries of Alzheimer’s Disease

The “ostrich syndrome” is part of human nature; it’s unpleasant to observe that which frightens us.  However, pulling our heads from the sand and making preparations for frightening possibilities can provide significant emotional and psychological relief from fear.

When it comes to Alzheimer’s disease and other forms of dementia, more Americans fear being unable to care for themselves and burdening others with their care than they fear the actual loss of memory.  This data comes from an October 2012 study by Home Instead Senior Care, in which 68 percent of 1,200 survey respondents ranked fear of incapacity higher than the fear of lost memories (32 percent).

Advance planning for incapacity is a legal process that can lessen the fear that you may become a burden to your loved ones later in life.

What is advance planning for incapacity?
Under the American legal system, competent adults can make their own legally binding arrangements for future health care and financial decisions.  Adults can also take steps to organize their finances to increase their likelihood of eligibility for federal aid programs in the event they become incapacitated due to Alzheimer’s disease or other forms of dementia.

The individual components of advance incapacity planning interconnect with one another, and most experts recommend seeking advice from a qualified estate planning or elder law attorney.

What are the steps of advance planning for incapacity?

Depending on your unique circumstances, planning for incapacity may include additional steps beyond those listed below.  This is one of the reasons experts recommend consulting a knowledgeable elder law lawyer with experience in your state.
  1. Write a health care directive, or living will.  Your living will describes your preferences regarding end of life care, resuscitation, and hospice care.  After you have written and signed the directive, make sure to file copies with your health care providers.
  2. Write a health care power of attorney.  A health care power of attorney form designates another person to make health care decisions on your behalf should you become incapacitated and unable to make decisions for yourself.  You may be able to designate your health care power of attorney in your health care directive document, or you may need to complete a separate form.  File copies of this form with your doctors and hospitals, and give a copy to the person or persons whom you have designated.
  3. Write a financial power of attorney.  Like a health care power of attorney, a financial power of attorney assigns another person the right to make financial decisions on your behalf in the event of incapacity.  The power of attorney can be temporary or permanent, depending on your wishes.  File copies of this form with all your financial institutions and give copies to the people you designate to act on your behalf.
  4. Plan in advance for Medicaid eligibility.  Long-term care payment assistance is among the most important Medicaid benefits.  To qualify for Medicaid, you must have limited assets.  To reduce the likelihood of ineligibility, you can use certain legal procedures, like trusts, to distribute your assets in a way that they will not interfere with your eligibility.  The elder law attorney you consult with regarding Medicaid eligibility planning can also advise you on Medicaid copayment planning and Medicaid estate recovery planning.

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Tuesday, October 22, 2013

Notaries Crossing the line

Are you doing a little bit more than notarizing an Acknowledgment or Jurat?  If you do, is it better to ask other notaries,  or your Notary association like to NNA hot line for advise?   Take a look at this case.

Suppose you have two children. Your daughter is very capable, very mature, very responsible. Your son has a developmental disability, or a drinking problem, or just problems handling money. What should you do with any inheritance you leave to your son? Put it in a trust? Make your daughter trustee?
Again and again clients tell us that they don’t want to do that. It seems like a lot of fuss, and probably the son whose inheritance goes into a trust will feel injured, like maybe his parents have said they don’t trust him, or don’t value him. Can’t you just leave everything to your daughter, and tell her to be sure to take care of her brother? Won’t that work?
That’s essentially what Howard Kaufman (not his real name) decided to do. By all reports Howard was very strong-willed and domineering. He had a living trust, written in 2002, which divided most of his estate equally between his two daughters. He named his daughters as successor co-trustees.
Howard’s older daughter, Diane, was blind, diabetic and receiving Social Security Disability benefits. His younger daughter, Jackie, was a successful business woman.
In 2009, Howard decided to change his trust’s terms. He called a meeting with Jackie and his long-time girlfriend (Diane was not included); he arranged for a notary to be present. He told the three of them that he had changed his mind, and that he was going to disinherit Diane. He told Jackie that it would be her duty to see that Diane was “taken care of” with the inheritance she was to receive. Then he had the notary prepare amendments to his trust removing Diane as a beneficiary.
When Howard died, Diane was surprised to learn that she had been left out of his estate plan. Nonetheless, she turned to her sister to continue the pattern Howard had set of helping out so that she could live on her Social Security and disability insurance payments. Jackie declined to continue his pattern of gifts; she insisted that her father had left her his estate (of approximately $4 million) to “do with as I will.”
Diane ended up suing her sister. The theory of her lawsuit, though, was unusual. Rather than arguing that the trust change was invalid, or that Jackie had unduly influenced their father, she sued for a breach of contract. Her theory: Jackie had promised to take care of her, and it would take about $2 million over her lifetime to do that. She also claimed that Jackie had taken advantage of both their father (a vulnerable adult) and Diane (a dependent adult).
The jury in Diane’s case found that Jackie had broken her promise, and had taken advantage of Diane. The jury awarded actual damages of $1.4 million, plus punitive damages of $260,000 and attorneys fees of another $700,000. The jury also ruled against Diane with regard to the vulnerable adult claim — it found that Jackie had not taken advantage of their father. Jackie appealed the judgments against her.
The California Court of Appeals upheld the verdict. It ruled that Diane’s lawsuit was not a disguised trust contest, and that it was not inconsistent that they found Jackie had exploited Diane but not their father. One of the main issues: whether Diane was entitled to a jury trial on her claim. The appellate court ruled that she had, and that Jackie’s promise to take care of her sister was an enforceable contract. Kalfin v. Kalfin, October 15, 2013.
What is the lesson to be learned from Howard’s trust case and his daughter’s lawsuit? There are several, but two key ones jump out:
  1. Disinheriting your child with disabilities and relying on another child to “take care of” them is not a reliable way to handle division of your estate. It might work, but there are real risks — and the cost and family disharmony resulting from litigation is almost certainly worse than what would be involved in simply setting up a trust for te child with a disability.
  2. Do you have a child with a disability? A complicated estate? Uncommon wishes? Talk to a lawyer. A notary public is not going to be the best choice for drafting your estate plan. The cost of doing it right will be way, way less than the cost of dealing with the aftermath.

Robert Fleming is the author of The Elder Law Answer Book, now available from Aspen Publishers. He is a Fellow of both the American College of Trust and Estate Counsel and the National Academy of Elder Law Attorneys. He has been certified as a Specialist in Estate and Trust Law by the State Bar of Arizona's Board of Legal Specialization, and he is also a Certified Elder Law Attorney by the National Elder Law Foundation. Fleming & Curti, P.L.C. 330 N. Granada Avenue, Tucson, Arizona 85701

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