Clouds on the Horizon: Property Title Issues Which Affect SaleWritten by Elaine VonCannon
When buying or selling a home, proof of ownership, or property title, and issues affecting it, are critical. If you have a cloud or lien on your title, this means somebody or some business entity has laid claim to a portion of equity in your home. There are different types of liens that affect marketability of your home. For this article, I interviewed Chris Swynford, an attorney in Williamsburg, Virginia, whom I utilize frequently for real estate transactions. Mr. Swynford commented on several types of property liens that are common issues for homebuyers and home sellers. Property Title Insurance – for Matters NOT of Record In order to understand different types of liens, it is necessary to review concept of actual deed or title. A property title can be insured by a title company, and I always recommend my clients purchase owner’s title insurance coverage, even though not required by commercial lenders (which ALWAYS require lender’s carry title insurance). “Generally, many matters NOT of public record (including mechanics’ and materialmens’ liens for new construction) are covered under title insurance, including issues such as misrepresentation of marital status, forgery or fraud in executing documents, missing heirs, or unknown boundary contests,” said Mr. Swynford.
Matters of Record for Property Title According to Mr. Swynford, “state law where property is located covers most matters of title. East of Mississippi, excluding Louisiana, property is generally held in one of several ways: tenancy by entirety, title passing to survivor upon death of first party, and that exists only between husband and wife; and can be reached (lien) only by creditors of both; joint tenancy with right of survivorship, title passing to survivor upon death; but which may be severed by creditor of only one party in judicial proceedings; and, tenancy in common. Upon death of one co-tenant undivided interest of deceased passes by will or to heirs under state laws of interstate succession.”
If I had Hammer, I Would Build in New Kent County VirginiaWritten by Elaine VonCannon
New Kent County Virginia is a rural area filled with flavors of American South. It is quiet enough for peaceful relaxation, and still situated less than 45 minutes from Richmond and Williamsburg. Those who want to retire, relocate, or purchase a second home in New Kent County Virginia may read my companion article http://www.voncannonrealestate.com/Retirement_and_Leisurely_Living_Historic_New_Kent_County_Virginia.php. The following relays information about timeliness of investing in New Kent County.
Smart Growth in New Kent County A recent trend towards ‘smart growth’ in New Kent County will alter some of landscape, but not overall tone and demeanor of this picturesque county. Professionals and retirees from Richmond want to live in New Kent County because they are tired of overpopulated city and suburban areas, but still need to commute there for business or family obligations. New Kent County is also turning into a bedroom community for Williamsburg, located just one half hour away.
Invest in New Kent County at Bottom Tier New Kent County is sandwiched between two Virginia Counties: Henrico County –north of Richmond, and James City County – South of New Kent County and encompassing Williamsburg. Both counties are 80% built out and approaching capacity in coming years. When a homebuyer purchases property or a residence in Henrico or James City County, he or she is accruing equity. But buyer is still at top tier of ladder in pricing. When purchasing in New Kent County, buyer is at bottom tier as far as price range is concerned. To make a smart investment in property, where equity will have a larger chance to grow, purchase property in New Kent County at beginning of growth spurt. Brickshire Golf Community and Farms of New Kent are largest upscale developments in New Kent County.
Brickshire Golf Community When Bluegreen Corporation, a New York Stock Exchange Company, first approached New Kent County to build a premiere golfing community there with a Curtis Strange Signature Golf Course, there were quite a few skeptics. The general feeling was that nobody would want to live in New Kent County, or build there. Now Bluegreen Corporation is laughing all way to bank. Approximately 1,000 homes will be built in Brickshire Golf Community. The lots are completely sold out and only re-sells are available. For more information on lots or listings at Brickshire Golf Community, visit: http://www.voncannonrealestate.com/brickshireGolfCommunity.php.