Covering real estate assets with solid wills during COVID-19 era


Posted On Aug 1 2020

Wills in real estate during coronavirus era? Overlooking FHA, VA and USDA loans. First-time buyers might be cash-strapped in this environment of rising home prices. And if you have little saved for a down payment or your credit isn’t stellar, you might have a hard time qualifying for a conventional loan. How this affects you: You might assume you have no financing options and delay your home search. What to do instead: Look into one of the three government-insured loan programs backed by the Federal Housing Administration (FHA loans), U.S. Department of Veterans Affairs (VA loans) and U.S Department of Agriculture (USDA loans). Here’s a brief overview of each: FHA loans require just 3.5 percent down with a minimum 580 credit score. FHA loans can fill the gap for borrowers who don’t have top-notch credit or little money saved up. The major drawback to these loans, though, is mandatory mortgage insurance, paid both annually and upfront at closing. VA loans are backed by the VA for eligible active-duty and veteran military service members and their spouses. These loans don’t require a down payment, but some borrowers may pay a funding fee. VA loans are offered through private lenders, and come with a cap on lender fees to keep borrowing costs affordable.

The Realtor you choose will play an important role in making a successful sale. A reputable Realtor in Germany will constantly monitor the multiple listing service (MLS), know the comps in your neighborhood, and know what properties are going on the market. A Realtor that works by themselves may not have all the skills they need to help you from start to finish. Another reason why we recommend having a well-balanced real estate team help you through the entire process, and why we formed one ourselves! Since 92% of homebuyers begin their house hunting online, you need to make sure that your agent is doing a good job showcasing your home properly by using appealing pictures (At least a minimum of 6 for a successful online listing).

Affidavits have been permitted to be sworn remotely, even if full regulations to permit the process have not been introduced, and the courts have been operating on limited scales to deal with a variety of urgent litigation matters electronically and by way of video conferencing, with more routine matters like probate applications (Certificates of Appointment of Estate Trustees), being handled in one way or another. Consultation meetings with clients themselves have been arranged by way of various video conferencing facilities and on occasion in socially distanced settings, again with masks and sanitizer until in-office meetings can again be scheduled. Find additional information on Coronavirus.

Electronic signatures and counterpart documents are not permitted and all sessions should be recorded if possible. A special ‘attestation clause’ explaining that the Will has been witnessed virtually is advised and further guidance is expected to follow from professional bodies. This more convoluted and long-winded process carries more risk of the Will being ineffective, e.g. if the will-maker dies before the process has been fully completed. However a Will is signed, the basic formalities must still be observed, ie the will-maker must understand what they are doing and not be unduly influenced by anyone; witnesses should also have the requisite capacity and must not be beneficiaries or spouses/civil partners of a beneficiary. Professional advice should ideally be sought in all cases.

Have Financial Goals: If you want to accomplish financial goals, you need to figure out what goals are important to you first. Having a clear goal can keep you motivated and help you come up with a plan to reach that goal even faster. Now, don’t think that you need to set outrageous goals. If this is your first time thinking about personal financial goals, start off small and work your way up from there. I’d suggest coming up with a few different goals in each of these categories: What you want to achieve in the next 3-months, In the next year, In the next five years. This way you’ll have some short-term goals to look forward too, and some long-term goals to work towards as well. Your short-term goals may even be small stepping stones towards your bigger goals. So, remember to set long-term and short-term goals, and keep track of them too! Write them down somewhere and set a day each month to track your progress.

Real estate finance transactions have witnessed breaches, and potential breaches, of loan to value ratios (LTV) and/or interest cover ratios. Some lenders have been amenable to agreeing to LTV covenant holidays up to a period of one year (and the waiver of their rights to obtain property valuations at the borrowers’ cost for the corresponding holiday period). This has in particular been the case in the retail sector and in relation to loans that were performing pre-COVID 19. Other lenders have agreed to equity cures of financial covenant breaches, with some lenders acting in a spirit of co-operation and going as far as waiving any prepayment penalties resulting from an equity cure. We have also seen an increase in the use of cash trap and cash sweep provisions under existing facility agreements to preserve cash in the structure and ensure the servicing of debt. Read additional info on https://techbullion.com/wills-and-covid-19-safeguarding-your-assets-during-a-global-pandemic/.

Last Updated on: August 14th, 2020 at 12:40 pm, by


Written by Patrick Moreau