How Is An FHA Mortgage Funded?

 

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How is an FHA mortgage funded?  Well an FHA mortgage is funded the same way as any other conventional loan.  The only difference between an FHA mortgage and a conventional mortgage is the FHA provides insurance to who the lender is.  And so there’s extra paperwork.  So the money still comes from whatever lender wishes to lend you the money.  And in this day and age of high finance, once you get a mortgage from let’s say Bank of America, SunTrust, Wells Fargo, Regions or any of the other large lending institutions, they usually will sell the loan to the secondary market which is called Fannie Mae and Freddie Mac. And they only retain the servicing rights so that when you make your payment you’re paying Bank of America and that’s fine, however, they really don’t own the loan.  They’re merely servicing it for the secondary market, which is Freddie Mac and Fannie Mae, which sells bonds so that they can fund these mortgages which is high financing done in the billions of dollars and that’s what keeps the money available for our mortgage market.  But FHA mortgages are funded the same way as any other ones are.  They just have insurance and you have to pay a little bit extra for the mortgage insurance since you’re getting a high percentage loan to value.

 

So if you have any questions about your mortgage, FHA mortgage or otherwise, give me a call at 727-847-2288.

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Update on Flood Insurance Legislation

 

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I’m going to do something a little different. This is going be an update on flood insurance legislation. I usually do not read; however, this is so comprehensive or has a long list of items, I have to refer to a report that I have, so you have to pardon me if I read this, but sort of give you an update, I think it’s timely as to where we are as far as flood insurance is concerned.  Here are some of the highlights. It caps the annual flood insurance increases to 18 percent for properties built after 1975 and if you went ahead and had to pay an outrageous premium before 1975, you can see about applying for a refund.

 

There is grandfathering, which is reinstating, which means if you built your house, or the house was built pursuant to the FEMA guidelines, well then it’s grandfathered in and you’ll keep getting the same flood insurance premium. The grandfathering now stays with the property, so that if you sell the property, it doesn’t necessarily mean that you have to have a new, that it triggers any change, so even if you sell the property, the flood insurance rating or whatever stays the same. Residential policy holders will incur a $50.00 surcharge annually and for businesses and second homes, the surcharge is $250.00. Next, FEMA will strive to reach a goal where the premium is no greater than one percent of the coverage of the property. So, if you had a $200,000.00 house, then your premium, they’re trying to keep it at $2,000.00. They have gone back under the Act now that the substantial improvement issue, you’re up to 50 percent guideline under the Act, they were rolling that back to 35 percent, but now it’s 50 percent. The established ombudsman under flood insurance or someone you can contact to try and answer your questions about that, unfortunately, I don’t have the number or how to get in touch with them and I don’t even know if that’s been established yet or not. They also are going to make arrangements so flood insurance can be paid in monthly payments and if you appeal your flood designation to FEMA and you win, well, FEMA will reimburse your premium. They are trying to set up a regulatory framework that’ll encourage other insurers to come in and write flood insurance and this will be basically for residential coverages, this won’t be for, apply to second homes or commercial properties.

 

They also changed what they mean by flood and then they have different types of coverages that you can obtain.  You can get a standard coverage, a preferred coverage, a customized coverage and a supplemental coverage. I’m not gonna go through what all each one of these coverages are, it’s enough to know that you can see about getting your coverages customized and you can see how much the premium difference there is. It allows surplus lines agent to send the contract out for endorsement for surplus lined companies without making a diligent effort to find coverage with the primary insurer. It prohibits state-created increases for hurricanes under the hurricane fund.  I’m not sure just what they mean by that.

 

 

Allows Florida Insurance Commissioner to provide for any federally required certifications and the bill is effective upon becoming law. Hopefully that gives you enough to know that there have been some changes. I suggest that if you have questions, hopefully your insurance agent is aware of all these changes, so if you speak to them, they will be able to bring you up to date as to what effect of your coverage’s.  If you want some of this material or whatever, if you contact me, I’ll be glad to send you a copy of this synopsis on the paper I’m reading from, which it’s a newsletter that I received from the Real Property Probate and Trust Law section of the Florida Bar.

 

My phone number is 727-847-2288.  Thank you.

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Who Should I Appoint as My Healthcare Surrogate?

 

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Who should I appoint as my healthcare surrogate? First, what is a healthcare surrogate?  A healthcare surrogate is someone you appoint to make healthcare decisions for you and usually in the healthcare surrogate form, it’s whenever you’re unable to make healthcare decisions. That person should be someone who is close to you and understands your desires and wishes, certainly your spouse would be, I would think primary. If you don’t have a spouse or significant other, if you have a child that is particularly nurturing or helps you with your medical problems or appointments and is aware of it, I think that they would be a great candidate. Also if you have any one of your children or family or friends who are nurses who are involved in the healthcare profession.

 

I also put in, whenever I designate or fill out the healthcare surrogate form, what they call a HIPPA waiver, because this person will be the one that will be the point person for your relatives and friends who want to know how you’re doing, because the medical community cannot release information to anyone without a HIPPA waiver. We usually attach a HIPPA waiver to your healthcare surrogate form so that they will release medical information to your healthcare surrogate. Hopefully, that will give you some sort of guidelines. Certainly don’t name the healthcare surrogate as the same person as your Power of Attorney who will handle financial matters and that you would want to designate someone that has a little more business expertise and that may not be the same person.

 

If you would like to have a healthcare surrogate done or some estate planning, give me a call at 727-847-2288.  Thank you.

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Ask Thomas Mitchell: What Steps Do I Take to File for Guardianship of My Elderly Parents?

 

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Good morning, my name is Tom Mitchell; I’m a partner with the law firm of Waller & Mitchell in downtown New Port Richey, Florida. I want to speak to you today a little bit about what you have to do if an elderly member of your family, a parent perhaps, starts to lose the ability mentally or physically to take of themselves. If your family’s fortunate and the parent has done the proper planning, they may have a Power of Attorney in place, which means that the trusted family member whose been given that power can act on their behalf, but if there is no Power of Attorney, it may be necessary to file a guardianship action on behalf of the person.

 

Now a guardianship action is a court proceeding and what happens is that you need an attorney and the attorney prepares certain documents that are known as pleadings and the pleadings state that we believe this senior individual is incapacitated, that’s the technical word, doesn’t mean they’re mentally unable, doesn’t mean they’re physically unable, but it’s some combination typically of both. They have had a decline in mentation and they have the usual problems of the aging process. So we file these pleadings, we describe what we think the problem is, we list who the doctor is, we list who the family members are and at that point, those papers get filed with the court, the court then appoints a medical committee, a three person committee to examine the individual and make a recommendation as to whether or not a guardianship is needed. The court also appoints an individual, an attorney, to represent the alleged incapacitated person, just to make sure that they’re not some nice little old person that we are trying to steal all their money, and by the way, if you’re thinking of that, don’t do it in a guardianship, because the court supervises guardians very closely.

 

 

If you need to file guardianship action on behalf of one your parents who may be declining in their later years, you can contact me at Waller & Mitchell and we’ll be glad to take care of it for you. This is Tom Mitchell with the law firm of Waller & Mitchell in New Port Richey, Florida.

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Can I Terminate a Notice of Commencement?

 

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Can I terminate a Notice of Commencement? Before answering the question, I’d like to first talk about a Notice of Commencement and why we have notices of commencement.  They are an integral part of the construction lien law in Florida. And it’s the owner’s responsibility to record this Notice of Commencement before starting construction. In fact, in order to get a building permit, you must have a Notice of Commencement recorded.

 

The Notice of Commencement gives everyone who works on the property the name of the owner of the property so that they can give them a notice to owner that they are working on the property. It also gives the contractors name and address so that they sub contractor can also give notice to the contractor that he is giving notice to the owner that he’s working on it. So this all ties into the owner then, having the responsibility to obtain a waiver from anyone that is working on the property that has given notice to owner.

 

So in order to terminate your Notice of Commencement, you obtain an affidavit from your contractor that says he has completed all the work or he has been paid for his services and he has paid all of his subcontractors and material men. So at that point you are then in a position to terminate the Notice of Commencement and you can rely upon the contractor’s final affidavit.

 

There are some other circumstances whenever you may want to terminate your Notice of Commencement in the event that you started construction or you filed a Notice of Commencement and then you got a mortgage. Now you have a problem because the liens revert back to the Notice of Commencement, so now you have a mortgage and the lender won’t close on it because you can’t give them clear title or first lien position because the liens revert make to the Notice of Commencement.

 

So there is a process whereby you can terminate the Notice of Commencement and then later file a new one. I don’t have enough time to talk about whenever a contractor goes bad and you terminate his services, on how to file a Notice of Recommencement after a termination of a contractor.

 

If you have any questions about Notice of Commencements, give me a call at (727) 847-2288. Thank you.

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