catholic diocese of salt lake city real estate corporation

The letters NOI stand for Notice of Interest or sometimes incorrectly called a Memorandum of Contract or MOC. It is usually a one page document that stipulates that the person submitting the document for recording at the County Clerk’s Office has an equitable interest in a property because of a signed purchase and sale contract.

The NOI is most commonly used when an investor signs a purchase and sale contract with a homeowner/seller and wants to show anyone trying to make another offer on the property that he has a legal interest in the property. This is the case where someone else, usually another investor, comes along and offers the homeowner a higher price.

The practice by investors of up-bidding properties after they are under contract is getting more common in distressed markets but even happens in normal markets. The investors who regularly make statements to homeowners like, “Get your highest offer from those other guys and call me back, I’ll give you more money than any of them – I just need to see it in writing”. The ugly part of that statement is the term “in writing” because that usually means a contract had to be signed by the homeowner.

While I can’t blame the homeowner from wanting more money, what I have seen happen most often is a black-hat investor who is trying to steal the deal, actually gets to the closing table and re-negotiates the price to below what he had originally offered the trusting seller. How do I know? I have been on the other side of his offers and had to fight to keep my sellers.

So occasionally we have to fight for our closings and I have covered this in other articles about how to do this. The ironic part is that it is a criminal offense to “induce” someone to sign a contract when another contract is in place. The Attorney General’s Office will take these cases if you show proof and the seller cooperates – which is usually the case when the homeowner is threatened with a law suit or foreclosure.

So when we sign a contract with a seller, we almost always record a NOI in the public record which is effectively a lien against the property. I want to repeat this because the subtleties of this “lien” are very far reaching. This NOI now has to be released as a lien on the property before the title can be transferred unless there is a foreclosure action to extinguish it, or the lien holder (the original investor/buyer) starts a foreclosure action to take the property. If this sounds harsh, it is just a solution to a problem where one party to a contract won’t hold up his end of the contractual terms – just like a lender does to a homeowner.

The NOI does not need to be signed by the homeowner/seller so anyone can put a NOI on anyone’s property. Just remember, there is usually a sign in the Clerk’s Office that says something to the effect that “If you enter a lien that is not valid, it is a felony”, so think twice about what you are doing before you do it – don’t do it in anger or it could cost you a lot in attorney’s fees.

Having said that, the courts and sometimes the recording clerk treat NOI’s as unruly in-laws. They tolerate them probably for the fees, but they don’t like them much because of historical issues with the seller not knowing these liens have been filed. Many standard real estate contracts specifically forbid filing a notice of interest to be recorded in the public record. This prohibition can be overcome by striking this clause pertaining to it and having both seller and buyer initial it, or adding an over-riding clause or addendum to your contract.

Once a NOI is filed in the public record, the next time the title to the property is transferred, the title agent will have to have a Release of Lien for the NOI signed to write a title policy on the property or note it as an “exception” in the policy. If the NOI is not extinguished by a Release of Lien, the title has been “clouded” and needs to be cleared and a transfer to a new buyer may not properly take place.
This is where you come in to release the lien and it usually happens when you least expect it – just before you were planning on closing yourself! Sometimes the homeowner will call when he gets a copy of the recorded NOI from the Clerk’s Office and he didn’t expect it – either way, the seller is trying to renege on the transaction. Sometimes the seller changed his mind for a valid reason, most often it is not.

You have a couple of choices when the NOI “hits the fan” so to say:

1.) Release the NOI using a Release of Lien document and get paid to release the lien

2.) Honker down and fight the seller to come to closing or get paid to release the lien.

If you are thinking of buying real estate with Roth IRA funds, let me give you a little advice. Choose the right custodian. There are many examples of a roll over IRA buying real estate, successfully, but the fees charged by various custodians can make a big difference.

#1 – Un-invested Cash Balances

Once you begin buying real estate with Roth IRA funds, you will almost always have some cash in the account. In fact, you need to have some cash there, because all of the costs associated with maintaining the property must come from the account.

Don’t think that custodians don’t know this. They take advantage of it. There is one big company that takes away 45% of your earned interest on un-invested cash balances every year. They call it a maintenance fee, but there is no extra maintenance involved. It doesn’t matter what is held within the account, the same type of maintenance is necessary.

#2 – Additional Charges

When it comes to a roll over IRA buying real estate, you’ll have to have a self-directed account. You tell your custodian to write a check for a purchase. Some companies charge for writing checks. They charge for transferring titles and deeds or mortgage notes. They charge a fee every time that you use the account to make a purchase or sell a holding. All of these fees can add up to thousands of dollars in a year’s time.

When speaking of a roll over IRA buying real estate, one of the biggest advantages for investors is the ability to keep more of their profits, due to the tax-free environment of the account. But, if a custodian charges numerous fees, you aren’t keeping as much.

Similarly, one of the biggest advantages to buying real estate with Roth IRA funds is that you will “never” pay taxes on those earnings. Your contributions are taxed as regular income. There are no capital games or income taxes on earnings made within the account. Qualified distributions are never taxed.

#3 – Annual Maintenance Fee and Reasonable Set-up Charge

If you have a roll over IRA buying real estate can only be accomplished if you choose a custodian that offers the option. Those companies that are currently offering “free and easy set-up” do not offer the option. They are stock brokers and they charge large fees for buying and selling stocks.

A reasonable set-up fee is $50. The annual maintenance fee depends on the total value of the account. If you’re like me, you’re shooting for a million dollars or more by buying real estate with Roth IRA funds. Believe me, it’s not an impossible dream.

Luxury homes are in a league of their own because the criteria that determine a home luxury changes and is largely influenced by the clients buying high-end homes at any given time. Luxury isn’t strictly based on price. It’s a moving target influenced by a number of factors and primarily, trends. For an example, the market once considered luxury homes to be spacious mansions equipped with their own theaters and skating rinks. How times have changed! De-mansionization is the movement of luxury homes becoming smaller, and smarter, but not less luxurious. This is only one way in which the market has changed its demands, and even this trend is not consistent.

Luxury is also influenced by its location in a big way. In Los Angeles where the weather is favorable all year, luxury would be a home that blurs the lines between indoor and outdoor space with large glass walls that open the home up entirely to the elements. Further North, however, being shielded from the elements would be ideal but with elements of design that bring nature inside with the use of skylights, 3 season spaces, and indoor landscaping and plant life. Socioeconomics of a city also matter. In a city so congested that cars aren’t utilized much, a home with a multiple stall garage will not be considered a luxury but instead, a smaller space closest to the city center. Luxury homes are thoughtful for this reason, designed around the environment and city they’re placed in.

So what qualities might you expect buyers to be looking for in the luxury real estate market?

1. Limited Locations with Grand Views

Luxury homes being developed up the slopes of surrounding mountains and high points of a city are prime real estate for those looking for a view of the entire city and/or the gorgeous natural landscape. Some buyers prefer to be in the middle of the action for the views and convenience of living in the center of the city. City centers are popular locations for luxury condos and can even be the highest valued properties in the area.

2. Smart House/Energy Efficiency

Energy efficiency and consciousness are growing in popularity, not only to save the homebuyer money but to leave the next generation’s planet in a better condition. Technology has come such a long way in a short time that older homes cower next to new homes in this regard. Energy efficiency goes hand in hand with the latest smart house technology, which includes: smart thermostats, advanced security systems, technology controlled by phone, smart fridges and other appliances, and more.

3. Gorgeous Outdoor Living Spaces

In recent years, a home’s outdoor space is prioritized almost as equally as its indoor space. As the world gets faster each and every day, homebuyers want to take advantage of the spare time they do have and feel as though they are on vacation in their backyards. Entertaining family and friends at the home is also what luxury home buyers have in mind when looking for accommodations.

4. Highest Quality Building Materials

At every glance and with every turn in a luxury home you will see magnificent upgrades; granite, hardware, stainless steel and other attractive metals, sophisticated light fixtures, touch screens and buttons, crown molding and tray ceilings, custom closets, and more.

One of the time – tested, adages, of the real estate industry, is, the agent, who controls the listings, dominates and controls, the market! Therefore, after more than four decades of creating and developing leadership and sales skills/ assets, for thousands of individuals, and over a decade as a Real Estate Licensed Salesperson, in the State of New York, I have generated, a number of ideas, and suggestions, which might make, individuals, articulate a far better, effective presentation. With that in mind, this article will attempt to briefly examine, review and discuss, a time – tested, 6 – step approach, to articulating, and giving a better real estate listing presentation.

1. Listen; learn objectives/ needs: Far too often, someone, in the enthusiasm, and desire to make their point, jumps right into it, rather than taking the time, and making a concerted effort, to listen, effectively and thoroughly, to the objectives, needs, and concerns of the homeowner, and their potential client! A reality of human nature, is everyone seeks someone, who is empathetic, and prioritizes their personal needs, and will dedicate themselves, to the finest level of service, etc.

2. Put client’s interests first: How will you make others feel more comfortable, unless/ until, they are convinced, you will place their interests first? When you listen carefully, and commit to answering their questions, and addressing their concerns, you take an important, first – step. in that direction!

3. Discuss benefits/ not services: Many agents believe presenting the wide variety of services, they, and their broker, provide, will help them acquire the listing, by convincing the homeowner, it will help them. However, while industry members realize and understand, the benefits of these services, most others might not, and, therefore, one should explain a specific service, in term of what the homeowner has already said, and showing how, it benefits them!

4. Why you?: With so many agents, why should someone choose you, rather than others? What is your basic philosophy, and does it distinguish you? My trademarked slogan, is I’ll always tell you what you need to know, not just want to hear (TM), which means, my commitment to absolute integrity, and your best interests, differentiates me, from the rest of the pack!

5. Address concerns; answer questions: Welcome questions, and respond thoroughly and completely! If you hope to make yourself, stand out, in a positive manner, you must make them, feel comfortable with you, and believe you will provide unique, client – focused representation!

6. Close: If you provide the previous 5 – steps, you should be, on your way, to securing the listing! However, until/ unless, you ask for it, you won’t close – the – deal! A simple statement, such as, In light of your stated needs and objectives (and state them), and my dedication to the best interests of my clients, doesn’t it make sense, to do the paperwork, to begin the process of getting your home sold, and getting you the best possible price, in the least amount of time, with a minimum of hassle? Doesn’t it? Then wait for their response!