Q&A: Help with divorce papers and real estate question. Who owns the house?

Question by sagehawk0685: Help with divorce papers and real estate question. Who owns the house?
This comes directly from the divorce papers:

“An appraisal shall be done to determine the value of the real property, and Petitioner and Respondent shall each pay one-half the cost of the appraisal. Petitioner is awarded the real property, subject to Respondents lien on the real property for the amount of one-half of the appraised value of the home, which amount Petitioner shall pay to respondent upon the first of the following to occur: Petitioner remarries or cohabitates, or vacates the home, OR parties’ youngest child graduates in due course from high school or attains 18 years of age, whichever later occurs.”

Appraisal was never done on the home and there is no lien on the home. It says that petitioner is awarded the real property, does that mean it is the petitioners. Help me understand this please. Is it saying that the petitioner has a lien against the home owed to the respondent. When this divorce occurred there was no bank loan on the house, it has been completely paid for.

I’m trying to help a friend in need right now with some issues that are occurring with the ex demanding rent money for the house.
Also assume that the youngest child is graduated and past 18
Also, according to what i read, in order for there to be an actual “lien” there must be a deed, a note and a deed of trust (or mortgage). None of this ever occurred.

Best answer:

Answer by ChazSexy
nobody owns the property, do they? that’s how I’m reading it.

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2010 U.s. Offices Of Real Estate Appraisers Industry Report-Aarkstore Enterprise

The U.S. Offices of real estate appraisers Industry report, published annually by contains timely and accurate industry statistics, forecasts and demographics. The report features 2010 current and 2011 forecast estimates on the size of the industry (sales, establishments, employment) nationally and for all 50 U.S. States and over 900 metro areas. New to the report this year are: financial ratios, number of firms and payroll estimates. The report also includes industry definition, 5-year historical trends on industry sales, establishments and employment, a breakdown of establishments, sales and employment by employee size of establishment (9 categories), and estimates on up to 10 sub-industries, including real estate appraisers.

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Table of Contents :

Users’ Guide
Industry Definition and Related Industries
Industry Establishments
Sales and Employment Trends
Financial Ratios
Establishments
Firms and Payroll

Sub-Industries – 2009 Estimated Industry Sales ($Millions)
Sub-Industries – 2009 Estimated Number of Establishments
Sub-Industries – 2009 Estimated Number of Employees
5-Year Trend – Estimated Industry Sales ($Millions)
5-Year Trend – Estimated Number of Establishments
5-Year Trend – Estimated Number of Employees

2010 U.S. Metropolitan Areas – Estimated Number of Establishments
2010 U.S. Metropolitan Areas – Estimated Industry Sales ($Millions)
2010 U.S. Metropolitan Areas – Estimated Number of Employees
2011 U.S. Metropolitan Areas – Estimated Number of Establishments
2011 U.S. Metropolitan Areas – Estimated Industry Sales ($Millions)
2011 U.S. Metropolitan Areas – Estimated Number of Employees
2010 U.S. States – Estimated Number of Establishments

2010 U.S. States – Estimated Industry Sales ($Millions)
2010 U.S. States – Estimated Number of Employees
2011 U.S. States – Estimated Number of Establishments
2011 U.S. States – Estimated Industry Sales ($Millions)
2011 U.S. States – Estimated Number of Employees
Definitions and Terms

For more information please visit:

http://www.aarkstore.com/reports/2010-U-S-Offices-of-Real-Estate-Appraisers-Industry-Report-40377.html

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Appraisers lowball Everett real estate

Appraisers should be independent from banks

When a “captured” appraiser sites the value on Everett real estate is it an honest market value? If the appraiser gets his work from the bank how can he give a true arms length valuation? A captured appraiser is one working for an appraisal management company. What they don’t tell you is that the major lenders own the appraisal management companies. Since the lenders now pick the appraiser they figured out that there was a huge revenue stream just waiting to be tapped here. They hire barely qualified to not qualified appraisers and pay them about half of what they used to receive. The appraiser is not stupid and realizes that if his appraisals lead to bad loans he gets fired. So he lowballs the appraisal. The client still has to pay for this junk so the bank makes a few hundred dollars even if the deal doesn’t happen.

We can thank Mario Cuomo for this. I must say this is pure speculation on my part. I have not a shred of proof. But this all fits so nicely that it simply makes to much sense. Mr. Cuomo has big political aspirations. First he wants to be governor of New York State and then I think he wants the presidency. Mr. Cuomo knows that to run for big time offices you need big time money. His desire for the governorship is well know. If the Wall Street banks back him he is half way there. Watch he will win this Novembers New York governors race.

If you follow the HVCC story you will know I am on the right track. HVCC is the home valuation code of conduct. This is another political boondoggle sponsored by Mr. Cuomo.

But let’s look at it from another angle. When valuing Everett real estate should you include distressed sales in the mix with non distressed sales. If you include a foreclosed home that sold on the court house steps is that a fair comparable to a regular arms length sale? Personally I think not. The facts back me up on this.

A new analysis of foreclosure and non-foreclosure sales by Zillow.com found that even when most of the market is made up of bank-owned homes, non- foreclosures sell for as much as 30 percent more. Another study by Harvard’s Joint Center for Housing Studies came up with a similar conclusion.

Now you say well the banks are not making any money if the mortgage doesn’t happen. Well guess again. Look for headlines in the next few days. Bankers will be receiving 6, 7 and many even 8 figure bonuses. If I wasn’t as old as I am I would change my profession. Right now there is no money in Everett real estate. There is in ripping off the US taxpayer.

My friend ever day some faceless bureaucrat or some noise some politician is stealing your liberty. Every day they take a little here and a little there and some day you will wake up and see your freedom gone. When will you finally get pissed off enough to do something about it. So the question remains do appraisers lowball Everett real estate?

Jim Johnson and comments are always welcome.

Everett Mortgage on Line

Jim Johnson E.A. retired; (Enrolled Agent, licensed to practice law in tax court) BS -19+ year experience as an independent loan officer. 15 years as an Enrolled Agent Licensed to Practice law in tax court, Real Estate Agent 15 years, BS Accounting, Economics University of Wisconsin – Milwaukee.
In 2009 I ran for mayor of Everett, WA I lost with 30% of the votes.
Currently I offer local political commentary in KSER Radio 90.7 FM every Wed at 9:05 AM.
Viet Nam Veteran


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HVCC Appraisal Regulations – The Next Bad Decision is Here For Our Real Estate Economy

I have been in the real estate markets for 16 years now and I find it amazing how much change can be sold to the American citizens through the lack of proper information, the press and our beloved federal government. The new revelation is that appraisals now should be under the control of the lender – a.k.a. the reputable banks because they will look out for the best interest of the consumer or in a real estate transaction the buyer and the seller. The big, bad Mortgage Brokers will no longer be able to manipulate value and appraisers will be held accountable to a higher power by big brother. What a crock! Let us look at why truly moving the conflict of interest from the Mortgage Broker to the Banks is really not as solid a decision as we would like to believe.

1. The Banks will provide a more accurate value measure.

In reality, the bank will always look for a lower value than fair market value because it is always in their best interest to do so. Leverage on a lower value will always benefit the bank – not the consumer. Why on earth would anybody think Banks, as credible as they have not been would do an about face on practices and take better care of the consumer? The true reality of the situation is that the Bank has a major conflict of interest when it controls value and may use it to it’s best advantage as it feels the need .

How Else Might The Bank Use This Leveraged Position of Value?

A few ways immediately come to mind and I will share them with you. Lending in the real world is automated through either a Fannie, Freddie or FHA Approval that will give a borrower based on the information provided an approval. Banks and Wholesale Lenders will now have the ability to use the appraisal as a reason to decline an approved loan based on value. Will a Bank effect value on an appraisal. You bet they will if it is in their best interest to do so. Banks can now get back into predatory lending and appraisal fee increases to the detriment of the consumer, but a major profit generator for them. The war cry has been – “Get rid of the mortgage broker and we can then get lending back to profitability by not having to compete for business.” For example, a bank charges the consumer 425.00 for an appraisal and the lender in turn pays the appraiser 225.00 – who gets the difference? You guessed it – the bank!! If you ask Barney Frank and the boys up at capitol hill they will all tell you hogwash – however when was the last time any of these gentlemen told the truth about anything and truly how many of the players in this game are not rewarded by the bank lobby? And for this discussion let us bring up one last topic – Discriminatory Lending – now the banks can fall back on the appraisal and say – Gee Mr. and Mrs. Jones – We just do not have the ability to get value on this property so your loan is declined!

Anti Trust Law Suits

This one is coming soon from the appraisers lobby. The banks have now truly destroyed a reputable appraisers business because every business relationship that the appraisal company has nurtured over the years in the business no longer matters. How would you like to be told that your 20 year business is being chopped up and a portion of it is now being given to under qualified appraisal services. What a tough sell this is. Now that is consumer protection at it’s finest folks.

The Senate and Sub Committees – These guys might be the most uninformed morons on the planet. They no absolutely nothing about real estate and mortgages, however they want to be involved in the decision making process. That is as effective and logical as talking to a Country Club board about the business side of golf and believing they understood a word of what you said. The ego gets in the way of the brain as a general rule and Washington has alot of egos. We are in the mortgage mess because of these morons – not because they tried to stop bad practices. Hey, wait a minute, let’s give them more authority to ruin, oh wait protect the consumer.

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Over 12 years of experience in the Real Estate and Mortgage industry with an MBA from Georgia State University. I have 2 teen age children and enjoy a good game of golf.


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Commercial Real Estate Appraisal

Commercial Real Estate Appraisal

Commercial real estate appraisal is a combination of art and science. Knowledgeable appraisers gather and analyze data prior to making informed decisions about real estate value. The appraisal profession has developed a series of well-established analytical techniques; the cost approach, income approach and sales comparison approach. The most appropriate approaches depend upon the characteristics of the subject property.

The cost approach is considered most applicable for commercial real estate appraisals for relatively new properties and special-use properties. Commercial real estate appraisers are less likely to use the cost approach for older properties due to the difficulty of precisely calculating the amount of depreciation.

The income approach is considered most applicable for investment or income properties. Appraisers gather data regarding the actual income and expenses for the subject property, rental comparables, expense comparables, industry expense data, market occupancy, and rental market trends. The commercial real estate appraiser then estimates gross potential income, other income, effective gross income, operating expenses, and net operating income. Net operating income is converted into an indication of market value using a conversion factor termed the capitalization rate, using the following formula:

Market value = net operating income/capitalization rate. This process is termed direct capitalization.

The income approach can also be calculated using a discounted cash flow analysis. Revenue and expenses are estimated for a period of years and the resulting annual cash flows and gross proceeds from a projected sale of the property are discounted to a present value using a discount rate.

Commercial real estate appraisers also utilize the sales comparison approach to estimate market value. The sales comparison approach is often considered most comparable for owner-occupied properties. After obtaining data regarding similar properties that recently sold, the appraiser makes adjustments to generate an indication of market value for the subject property.

After considering each of the three approaches to appraisal and preparing an analysis for the approaches which are considered relevant, the appraiser reconciles the indications of value to a final value conclusion. The quality and quantity of data for each of the approaches is considered when reconciling to a final value conclusion.

O’Connor & Associates is the largest independent appraisal firm in the southwestern United States and has over 40 full-time staff members engaged full-time in valuation and market study assignments. Their expertise includes valuing commercial real estate, single-family, business personal property, business enterprise value, purchase price allocation for businesses, valuation for property tax assignments, partial interest valuation, estate tax valuation, expert witness testimony and valuation for condemnation. They have performed over 20,000 commercial real estate appraisals since 1988.

To obtain a quote or further information for a commercial real estate appraisal, contact either George Thomas or Craig Young at 713-686-9955 or fill out our online form.The appraisal division of O’Connor & Associates is a national provider of commercial property real estate appraisal services including cost segregation studies, due diligence, insurance valuations, business personal property valuations, business purchase price allocations, single family litigation support and business valuations.

All commercial property types benefit from our appraisal services including multi-family housing, retail stores, hospitals, hotels, industrial properties, manufacturing facilities, medical offices, commercial offices, restaurants, self-storage units, shopping malls, shopping plazas and warehouse/distribution centers.

Patrick C. O’Connor has been president of O’Connor & Associates since 1983 and is a recipient of the prestigious MAI designation from the Appraisal Institute. He is also a registered senior property tax consultant in the state of Texas and has written numerous articles in state and national publications on reducing property taxes.


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Choosing Your Malibu, CA Real Estate Appraiser

If you have been thinking about purchasing a Malibu, CA real estate property for personal use or as an investment, you will need to hire the services of a real estate investor.


If you plan to finance your Malibu, CA real estate property through a bank or other lender, you’ll more than likely need to get the property appraised first. Banks and most lenders want to know the value of the home for your protection, as well as make sure that the home they are financing is worth the total amount that you take on the loan.


In most cases, the appraisal indicates that the home does indeed meet or exceed the asking price. In some cases however, the appraisal will come back saying that the home is worth less than the selling price. If this is the case, the buyer normally has to either drop the deal or try to negotiate with the seller to get a price that meets the appraisal.


For those very reasons, a real estate appraiser is very important. When you are dealing with a home, one appraisal can make a deal or break it. Even though you may not be financing your purchase through a lender or the bank, you should still make an effort to get the home appraised and find out the true value.


You should also make a point to find the best appraiser that you can afford. If you hire an appraiser who is not that experienced, you will pay for it later when you discover that the property is not worth what you paid for it.


A real estate appraiser will go through the Malibu, CA real estate property, performing a visual evaluation, and will then provide you with a written evaluation after he has gathered all necessary information.


Appraisers will also taken into consideration the replacement costs as well. Also, they will have to very land descriptions as well. There is a lot of work involved with appraisals, which is why it is so very important that each step of the process is performed correctly by a qualified real estate appraiser.


If you have a real estate agent, he or she will more than likely be able to make a recommendation. Keep in mind that this does not mean the recommendation is the best; it is just someone who your agent works with. To ensure that you get the right appraisal on your home you will need to find yourself an appraiser who is capable of completing the job.


When you look for your real estate appraiser, you should look for someone who comes highly recommended. You can ask family and friends for their opinions, or search local papers, even the Internet. If you take your time and search for the best real estate appraiser that you can find, you’ll normally get an appraisal that is right on target.

Visit our site for information about , Malibu real estate and more information about the Malibu area in general.


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How To Carry Out A Proper Real Estate Appraisal

Price of a property is considered to be one of the most important elements in any transaction related to real estate. Real estate brokers and lenders hire appraisers in order to determine the market value of a particular property. The value determination of real estate properties is essential for the economic well being of the society as well. There are three approaches used for making an estimate of the value of a property:


. Income approach

. Comparison approach

. Cost approach


Although real estate appraisals are detailed reports, some of the things included in are:


. Details related to the subject property along with its comparison to three or four properties similar to it.

. Evaluation and description of the real estate market in a particular area.

. Statements related to the issues the appraiser thinks can be harmful for resale of the property or its value for instance poor access to the property.

. Notations related to the seriously flawed characteristics of the property like a crumbling foundation.

. The type of area the house is in.

. An average estimation of the sales time for the property.


Cost approach:


This approach is effective for properties that are new. It is useful because the cost to build is known. The appraiser makes an estimate on the cost for replacing the structure, in case it was destroyed. Your personal approval will be important in the initial stages of the loan process, but the final loan commitment will depend on a satisfactory and positive appraisal. This is essential because the bank will also need assurance that its investment will be covered in case you default on the repayment of loan.


Sales comparison approach:


The appraiser under this approach estimates a subject market value of the property. It is done by comparing the house to similar properties that have been sold in that area. The properties that are used for this purpose are called comparables. If two properties are alike, the appraiser needs to compare the comparables with the subject property and make proper paperwork adjustments so that the features are in line with the property. This will result in a figure that will show how much each comparable would have got sold for, if it had the same features as the subject property.

The real estate appraisal can help you in the establishment of the market value of a property.


This value is the likely sales price that the property would bring if you offered it in a competitive and open real estate market and therefore it is essential that an appraisal is done with the due consideration and in an organized manner. You can conduct appraisals for rental properties also, even though it will not be similar to what is done for single home families. Income is the most important factor that is kept in mind when an investor buys a rental property. Therefore, income is the basis for determining the value of such properties. The capitalization rate can be taken out on the basis of the rate of return that the investor would be expecting in a particular area.

Real Estate Investing. Discover how to get started, make money, and skyrocket your success. To view live Orlando Real Estate Investments have a look at our website: http://www.realnetusa.com.


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A Career As A Real Estate Appraiser

A career as a real estate appraiser is something that you may want to consider.Still this may sound a bit far fetched and risky, as a matter of fact it could be the perfect career for you.

You should at least look into what it takes to be a real estate appraiser when you have any type of interest in this. When you can imagine, this is one career that is always in demand, and when you are good at what you do there is a chance that you will make a very nice living.

Then what is a career as a real estate appraiser all about? What do you have to do day in and day out? Just like any job, not every real estate appraiser is the same. You will actually require to look into what the industry has to offer, and thus decide from there when you should get involved. The important task that a real estate appraiser undertakes is visiting houses, and then appraising the asset.Several people need this done as they are moving, buying a house, or simply require an assessment for any other reason such as divorce or buying insurance.

Remember, as a professional you will be offering a service that people will require. The bottom line is that when somebody requires a real estate appraisal you will be the person that they call.

You will get paid based on the number of real estate appraisals that you complete. In other words, you can set your rates and charge a flat rate for each house that you appraise. This makes things easy on you, and allows you to get a good thought as to how much money you can make.

Ultimately, several real estate appraisers love their job as they are not cooped up in an office all day. Rather, they can go from house to house on their own. And anyhow, when they get to where they are going they can communicate with clients, etc.
A career as a real estate appraiser may be only what you have been searching for. You may get your appraiser license, and never look back!

A career as an appraiser for the California Real EState Market could be a great career change.


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If you are considering purchasing or selling a home, condo or any other type of real estate, you will most likely need the services of a real estate appraiser. An appraiser performs an assessment of properties and other types of real estate to help establish its value. While there are several methods appraisers use to establish the value of real estate (e.g. cost method, income method, and comparison method), for residential properties, the comparison method (also known as market value) is the most common approach. The appraiser’s job is to provide an opinion about the value of a property based on its “highest and best use.” If you are financing the purchase of a property, your lender will normally require an appraisal to make sure that the property is really worth the amount loaned.

The real estate appraiser is tasked with carrying out a completely objective assessment of a property and will normally provide a written evaluation report. This is accomplished by a physical inspection of the property, as well as a comparison to other similar properties for which the value is already established. To make a determination about value, the appraiser gathers details such as the size of a property, size of the lot, location, condition, best use of the property, amenities, etc.

After this initial inspection, the appraiser may scout the neighborhood to compare the property with other similar properties in the neighborhood by age, size, price range, etc. The appraiser then gathers additional data from several sources such as the local Multiple Listing Services (MLS), which provides information on current and recent comparable sales. The appraiser also gathers information from his/her own past experience in the local market. All of these sources of information are taken into consideration while writing the appraisal report, which will provide an estimate about the value of a property.

There are many reasons to use the services of a qualified appraiser. When purchasing real estate, an appraisal provides you with a negotiating tool and helps ensure that the price you are paying is appropriate. If you are selling your property, the appraisal will help you determine an appropriate price range. Besides real estate and mortgage transactions, you may need to order an appraisal to lower the tax burden (assuming the value is really lower than the value established by taxing authorities), to establish the replacement cost of insurance, to settle an estate, etc. An appraiser only gives an estimate of the value of the property. A real estate appraiser is not to be confused with a home inspector.

If you are considering buying or selling a home, condo or any other type of real estate, you can use the services of a qualified real estate appraiser who will provide an estimate of the fair market value of your property.


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