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Homestead Rights in New Hampshire

Homestead Rights in New Hampshire

Under Homestead Exemption laws any property designated as a homestead is exempt from execution and sale by creditors for the payment of debts. The protected amount differs in each state, but in New Hampshire every person is entitled to $120,000 of his or her homestead to be exempt from the rights of creditors.

There are exceptions to the above and the following debts have precedence over the rights of homestead:

  • The collection of taxes;
  • The enforcement of liens of persons having done work for the construction, repair or improvement of the homestead;
  • In the enforcement of mortgages on the property;
  • In the enforcement of liens filed by homeowner or condominium associations for unpaid assessments.

No deed can convey or encumber the homestead right, except for a mortgage made at the time of purchase to secure payment of the money used to purchase the home, unless it is executed by the owner and spouse, if any. This is why, when a new mortgage is taken out or the property is conveyed, the husband and wife must both sign to release rights of homestead.

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Warranties on new homes

Warranties on new homes

You are buying your first new home here in New Hampshire and you wonder whether the builder has to offer you a warranty on it. Contrary to popular belief, there is no such thing as a “statutory builder’s warranty” on your new stick built home. A stick built home means it was constructed in whole on site. That said, most builders are proud of their product and they do offer a limited one year warranty to the original owner, They are also subject to building in conformance with and to inspections by the local building department where the home is to be located.

In New Hampshire there are other types of housing that are required to come with a warranty. Presite built housing is described as any structure which is wholly or substantially made or assembled in an off-site manufacturing facility. These homes are required to conform with the United States Department of Housing and Urban Development minimum property standards and local building codes.

A new prefabricated or presite built home is required to have a written manufacturer’s warranty to the buyer. The warranty must include the terms that the home is free from any substantial defects in materials or workmanship in the structure, plumbing, heating, and electrical systems and in all appliances and other equipment installed or included in the home. Additionally, it must state that the seller or manufacturer must take appropriate corrective action at the site of the home in the instance of substantial defects in materials or workmanship which become evident within one year from the date of delivery of the home.

Manufactured housing is described as any structure that is transportable in one or more sections, which in the traveling more are 8 feet or more in width and 40 feet or more in length or when erected on site contains 320 square feet, or more of living area. Manufactured housing is built on a permanent chassis and is designed to be used as a dwelling with or without a permanent foundation and to be connected to utilities.

In order to keep a record of and to verify the proper installation of manufactured homes, no manufactured house may be installed in this state until the manufacturer or an installer licensed by the board has obtained a warranty seal from the New Hampshire Installation Standards Board and attached the seal to the manufactured house.

More information on the above warranty requirements can be found in New Hampshire RSA 205-B and 205-D.

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Housing Outlooks for 2017

Housing Outlooks for 2017

Here are eight housing predictions from the experts:

  1. Prices will continue to rise, but more slowly. In 2016, prices rose every month up until October. The prediction is that price increases will hold steady because homebuyer demand is stronger than it was at this time last year.
  2. Affordability will worsen because the share of homes affordable to someone earning the median income is not. This trend will be intensified by a continued shortage of low to moderate priced inventory and rising mortgage rates.
  3. Mortgage rates will be volatile. By historic standards the rates are still low, but may be rising a bit.       For 2017, the Fed’s anticipate there to be three hikes, making it the best time to buy or refinance now.
  4. Credit availability may improve. The president elect and his team have indicated that they hope to roll back much of the post financial regulation which came about as a result of the Dodd-Frank Act. This act regulates the financial market and rolling it back could open up banks to lend more freely to a wide range of would be buyers.
  5. Supply will improve, but remain short. Declining inventory was a defining feature of the housing market in 2016.       This led to prices increasing rapidly and discouraged some would be sellers from entering the buying fray.       There are some signs that the coming year may see a bump in housing supply, at least on the new home front.
  6. More millennials will become homeowners and renters.       According to Zillow, half of all buyers are under the age of 36. Millennials are adults born after 1980 and are not the largest adult generation and make up the greatest percentage of the workforce.
  7. Competition will grow fiercer. In 2017 sellers will maintain the edge over buyers as demand is expected to increase. In 2016, according to Redfin, the typical homes stayed on the market for just 52 days.
  8. Political uncertainty will be replaced with policy uncertainty. The president elects pledge to spend more on infrastructure, to cut taxes and to crack down on immigration could impact the housing market. However, opinions vary widely on this.

 

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How do we determine that your title is valid?

How do we determine that your title is valid?

The title company makes sure that the title to a property is legitimate, so that a buyer is assured that once he buys property he is the rightful owner. To ensure that the title is valid a title search will be done. This is a thorough examination of property records to make sure that the person or company claiming to own the property does, in fact, legally own the property and that no one else could claim full or partial ownership of the property.

During the title search, the title company also looks for any outstanding mortgages, liens, attachments, judgments or unpaid taxes associated with the property. They also look for any restrictions, easements, leases or other issues that may impact ownership. Before a title company issues title insurance, it will prepare a title commitment for the Lender, which is a summary of what it found during the title search.

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What does a Title Company do?

What does a Title Company do?

A title company makes sure that the title to a piece of real estate is legitimate and then issues title insurance for that property.  Title insurance protects the lender and/or owner against lawsuits or claims against the property that result from a dispute over the title.

A title company will maintain an escrow account that contains the funds needed to close on the home and will conduct the closing.  At the closing the settlement agent from the title company will bring all the necessary documentation, explain it to the parties, collect closing costs and distribute monies.  Finally, the title company will ensure that the new deed and other and other documents are filed with the appropriate registry of deeds.

 

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How does Pokémon affect you as a Homeowner

How does Pokémon affect you as a Homeowner

The excitement surrounding Pokémon Go is causing problems for some homeowners as players eager to catch Pokemon trespass onto private property. Police in multiple states have issued warnings to Pokémon Go users to stay away from private and public spaces that they don’t have permission to access.

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Homestead Rights in New Hampshire

Under Homestead Exemption laws any property designated as a homestead is exempt from execution and sale by creditors for the payment of debts. The protected amount differs in each state, but in New Hampshire every person is entitled to $1000,000 of his or her homestead to be exempt from the rights of creditors. That amount is slated to increase to $120,000 per person on January 1, 2016.

There are exceptions to the above and the following debts have precedence over the rights of homestead:

  • The collection of taxes;
  • The enforcement of liens of persons having done work for the construction, repair or improvement of the homestead;
  • In the enforcement of mortgages on the property;
  • In the enforcement of liens filed by homeowner or condominium associations for unpaid assessments.

No deed can convey or encumber the homestead right, except for a mortgage made at the time of purchase to secure payment of the money used to purchase the home, unless it is executed by the owner and spouse, if any. This is why, when a new mortgage is taken out or the property is conveyed, the husband and wife must both sign to release rights of homestead.

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Why do I need Title Insurance?

Title insurance is an insurance policy issued by a title company. It protects the purchaser or owner, against a loss that may arise by reason of a defect in your ownership or an interest you have in real property.  There are two different types of title insurance policies available:

An Owner’s Policy of Title Insurance  and a Loan Policy of Title Insurance

Since most property owners mortgage or borrow money at the time of purchase or during ownership, the lender can be expected to request protection of its investment against loss. Lenders generally insist upon a Loan Policy of Title Insurance to protect their investment in your property. An Owner’s Policy of Title Insurance protects your investment (equity) as the buyer or owner of the property. As the owner, you should want to have the same assurance as the lender so that the investment you have made cannot be lost because of a problem or defect with the title.

Title insurance is different from other types of insurance in that it protects you, the insured, from loss that may occur from matters or defects from the past. Other types of insurance such as auto insurance, life insurance, or health insurance, cover you against losses that may occur in the future. Title insurance does not protect against a defect that may originate at a later date.

There are numerous defects or problems that can arise to cause an attack to or loss of the title to your property. Some of these include problems not disclosed by the most careful search of the public records (the title search). Hidden risks can cause a total loss of your investment or heavy legal expenses in the defense of an attack on the title. Some title problems may show up months or years after the original purchase of the property.

Here are some examples of matters that can cause loss of title or an expensive lawsuit:

Forged deeds, releases, wills, or other legal documents

Failure of spouses to join in conveyances

Undisclosed or missing heirs

Deeds from minors, aliens, or persons of unsound mind

Errors in indexing of public records  Liens for unpaid taxes including estate, inheritance, income, or gift taxes

Mistakes in recording legal documents

Wills that have not been probated

Title insurance defends you in a lawsuit attacking your title and either corrects the title problem or pays the insured’s losses up to the fact amount of the policy. The policy also protects you after you sell the property for the defects occurring prior to your ownership that cause a loss to a purchaser if the title was warranted by you.   The title policy guarantees that at the date the deed was filed for record that the title was free of defects apart from those excepted to in the policy. The policy does not guarantee an actual amount of land.

How do you obtain Title Insurance and what does it cost.. Let us know that you want to purchase an Owner’s Policy of Title Insurance and we can tell you what it will cost. The cost is based on the purchase price of the property and your policy amount must be equal to the purchase price.

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Do you need a Deed prepared?

Do you need a Deed prepared?

Developers, do you have a new subdivision and need Deeds prepared from the new plan.  We specialize in metes and bounds descriptions.  Give us a call today @ 603-836-5309 or email terrie.dolan@trombleykfoury.com

 

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What You Should Know About the Home Closing Process

What You Should Know About the Home Closing Process

What You Should Know About the Home Closing Process: An Interview with Kirk Trombley of Trombley & Kfoury

Tell us a little bit about your experience, firm’s history and the areas of law that you practice.

We practice in areas that include general business, real estate, employment law and litigation. We have a significant workers’ compensation defense practice as well.

Our legal team lives and raises families in NH, and believe in supporting local businesses. Our mission is to assist and protect NH residents and business owners in their legal endeavors. We can help you in achieving security for your dreams and business goals, and planning for your future success.

Check out my interview, What You Should Know About the Home Closing Process on New Hampshire Homes, one of the top sites for New Hampshire real estate, including Londonderry, NH real estate. New Hampshire Homes also services New York homes for sale and Pennsylvania real estate.

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