Why it's important to work with a Probate Real Estate Agent Expert

Whatever the Market Conditions,

Your Home is Usually Your Biggest Asset

While headlines shout the downturn of the real estate market, The Sanborn Team continues to sell real property through Probate and Trust to help families, conservatees and beneficiaries get the most from their assets.

Just last week we had a property in Laurel Canyon that was going to court confirmation. Unlike most agents, we continued to advertise and show the property up to the day of the court hearing to insure that all interested buyers were aware that they could purchase the property in court, as an over-bidder.

This property was a probate sale that required court confirmation because the property was held by an elderly woman who was receiving care under a conservatorship. Thus the proceeds from the sale would go directly to her to make sure she has the proper care.

On the day of the hearing we did have an over-bidder and the property sold for more than anyone expected.

This success is in a softening market is a testament to The Sanborn Team's strategy for pricing, marketing and presenting Trust and Probate properties. It is a validation of The Sanborn Team's commitment to negotiating deals, anticipating roadblocks and getting top dollar for the estate's number one asset.

The Sanborn Team are real estate agents specializing in the sale of probate and trust... We are here to simplify your business. We use our 25-plus years of experience to get the job done and get the most for a property.

To learn more about us, please visit us at http://www.sanbornteam.com/ or call us with no obligation at 310-777-2858.

How to Overbid in Court

Probate...Court Confirmation...What Does It All Mean?

As you are looking for a home, you will occasionally come across real estate ads that say, "probate sale, court confirmation required." So, you may be asking yourself, what is a probate sale, anyway? And, more importantly, what does probate mean to a real estate purchaser?

If you find real estate for sale through probate, you will have to go to court to make the purchase or overbid on the property. To overbid in court there are several things you need to be aware of:

1. Terms of sale: most of the time, the terms of the probate sale are "as-is", no contingencies, 10% initial deposit and 30-day escrow. No contingencies means you do not have an inspection contingency, finance contingency or appraisal contingency. The seller will not do any termite work or repairs on the property.




2. Qualify to bid: In order to bid in court you must bring a cashier's check for at least 10% of the opening bid price. For example, if the opening bid is $420,000 you will need a cashiers check for $42,000. Be sure to have your agent check with the listing agent to see who the check needs to be payable to.




3. 
   
   Do I sign a contract? No. There is no contract if you overbid on the property and are the successful purchaser. You will have what is called a certified court order stating that the property was sold to you.
   

It's very important that your agent be familiar with the terms and the process of purchasing probate and trust real estate. If you want to learn more about probate real estate, please visit us at http://www.sanbornteam.com/ or call us 310-777-2858.

A Joyful Probate Real Estate Sale

The Sanborn Team...Who Says…

Who says that probate real estate sales can’t be fun?

We spent many months marketing a small piece of commercial property on Pico Boulevard. The Conservator of the Estate finally accepted an offer in late November 2007 and the hearing to confirm the sale took place last week in Santa Monica.

At the hearing the first overbid was set for $446,750.

The initial buyer and two over-bidders showed up for the hearing. The overbidding on the property was very active. At one point we thought that the bidding was finished and the judge was announcing the property sold when the original bidder jumped back in!

The property was finally sold to one of the over-bidders for $600,000 and while everyone was congratulating the buyer, a gentleman in the back of the courtroom jumped up and started playing a catchy tune on his harmonica. It was the father of the successful buyer!

When he was finished, he received a rousing round of applause. Everyone agreed that it was a first, and everyone loved it, including the judge.

Who knew that our marketing efforts could bring so much joy to the Santa Monica Court?

If you are looking for a little fun in your real estate adventures, please contact the Sanborn Team at 310-777-2858 or visit our web site

http://www.sanbornteam.com/

Twists and Turns in Probate and Trust Sales

Fire Sale in Los Angeles

There's a buyer for every property...if the marketing is right

Mrs. Thomas (not her real name) was a neighborhood school teacher. She would walk to school every day and the kids in the neighborhood always made sure that her house was protected, even on Halloween. She was very much cherished by her community and her neighbors were sad to see her move, along with her husband, as they started to age.

We don’t personally know Mrs. Thomas. We were hired by her conservator, under the authority of the court, to sell Mrs. Thomas’s house. The reason for the sale was to assure there would be money to take care of her. With her husband’s death and all her other assets spent, the only resource she had left was her old house in Los Angeles.

We took the listing in October 2007. When we arrived to view the property, there was no way we could miss it. The entire property had been “tagged” by local gang members. Every exterior surface, including the driveway, was covered in paint. When we entered, we found that carpeting, pipes, moldings and even the water heater were missing. What do you suppose we found in the two rental units in the back of the property? Bed rolls, a pillow and personal items belonging to a squatter. The garage was totally filled with trash.

Initially, when viewing the comparable sales in the area, we had thought the property would be worth around $400,000. But after seeing its condition and finding the new tenants, we knew it was worth substantially less.

We knew that this property had to hit the market and cause a big stir. So we decided to list it at the outrageous price of $199,000. Within an hour of the property coming on the market, the phones would not stop ringing. Within four days we received eight offers, all well above the asking price of $199,000.

We were able to get a buyer who would agree to the usual terms (as-is, no contingencies and a 10% deposit) and we also got the buyer to agree that the property might not be in the same, current condition at the close of escrow.

On October 31, 2007, there was a fire at the property and Mrs. Thomas’s house was burnt almost to the ground. We notified the buyer, who agreed to move forward at the same purchase price. However, he wanted the insurance proceeds as well. This was agreed and, at his own expense, the buyer planned to board up the property to protect it from further damage. As his crew started to board up the burnt house, they were approached by local gang members who continued to taunt and threaten them as they tried to protect the house. As a result, the buyer pulled out and asked to cancel his contract.

So once again the property had to go onto the market, but this time we knew we would not get the same amount as before. It went back on the market at $199,000. We received five offers and accepted the highest offer with the clear understanding that there was no way to insure that the property's current condition would be the same at the close of escrow.

When we got the court hearing date, we continued to market the property aggressively to reach all interested buyers so they could come to court and overbid. At the hearing, we had four additional interested buyers and the property was bid up and up. The sale was called and the buyer opened escrow.

The funny thing is, the fire actually helped Mrs. Thomas because she was able to get more money than we ever imagined. This was because the insurance proceeds from the fire did not get transferred to the original buyer but were transferred to Mrs. Thomas. And these funds are tax free. So although her house sold for less than we originally thought, she actually got more in the end.

We wouldn't wish a story like this on any buyer or seller. But because of the court requirements of the conservator sale, and because we were prepared to market the property, whatever its condition, it turned out to be a win for both parties.

There is no reason to work with another agent when it comes to your Probate and Trust Real Estate Needs. The Sanborn Team is dedicated to making sure you and your clients receive the maximum amount possible for a piece of real estate. We never undersell any piece of property.

Call us today to learn more about our services 310-777-2858 or browse our website at http://www.sanbornteam.com/

Recent Court Date

Attention!

Calling all Investors, Developers & Builders

1408 Wildwood ~ Eagle Rock Hills

This is a wonderful opportunity.

Perched above the hills of Eagle Rock this is a small cabin on over 18,000 sq ft of land. Surrounded by California Oak trees, this property is for those who want to build their dream home!

Court Date: Monday March 17, 2008

Location: 111 N. Hill St Los Angeles

Time: 8:30am

Department: 11

OPENING BID: $305,000

Call the Sanborn Team for more details: 310-777-2858

If you are interested in probate sales, please visit our website at http://www.sanbornteam.com/

BEWARE! Disclosures Required for a Probate and Trust Sale

Which disclosures require the seller's signature

when selling Real Estate through Probate or Trust?

As the executor, administrator, trustee or conservatee of a piece of real estate, you are exempt from certain disclosures that are required in a traditional real estate transaction. It is very important that you are aware of which disclosures are required for you to fill out and execute and which disclosures you are exempt from completing.

We recently heard a story in which the executor of an estate was represented by a real estate agent who was not familiar with the ins and outs of probate and trust sales. The real estate agent instructed the client to fill out the C.A.R. (California Association of Realtors) Transfer Disclosure Statement. The Transfer Disclosure Statement is a document used in traditional real estate sales -- a statement made by the seller about the condition of the property.

In fact, in this case, the client was exempt from filling out this form. Since the executor never occupied the property, the California Association of Realtors does not require her to complete this form. Properties sold through probate and trust are typically sold "as-is."

Unfortunately, as a result of poor advice from her agent, the executor completed the form, thereby opening a "can of worms." About six months after escrow closed and the buyer took possession, the buyer sought to sue the executor for not disclosing information about the property. Once the executor had disclosed some information about the property, she was then obliged to disclose all information about the property; the completion of the form had effectively removed her exemption. If the executor had not filled out the Transfer Disclosure Statement, this would never have occurred.

So a reminder: if you are selling real estate through probate and trust, please take the time to review the C.A.R. Disclosure Chart and be sure you (or your client) do not sign forms that are not required.

And... please remember we are Real Estate Experts in the field of selling real estate through probate and trust. Please feel free to contact us with any questions.

http://www.sanbornteam.com/ or 310-777-2858

Upcoming Court Date!

Upcoming Court Date

February 26, 2008

14451 Sayre Street ~ Sylmar, California

3+1 Single Family house on a large corner lot.

Perfect for an investor or someone looking to Save and Fix!

Opening Bid: $315,500

Court location: Van Nuys Court House

6230 Sylmar Ave., Van Nuys - Department: A

For further information

please visit our website or call the office at 310.777.2858

http://www.sanbornteam.com/

Probate Real Estate Sale vs. Trustee Sale

What is the difference between a Probate Real Estate Sale and a Trustee Sale?

The recent news regarding real estate sales has buyers' heads spinning. One of the things that we have noticed is that buyers are very confused on the difference between a Probate Real Estate Sale with court confirmation and a Trustee Sale.

The main difference is that when you purchase a piece of real estate through a Probate Court proceeding the buyer will receive CLEAR title.

When a property is purchased at a Trustee Sale the buyer takes title subject to liens. For example, if the prior owners are delinquent on their property taxes, that lien will become the obligation of the purchaser of the property. The lien will not be brought current through the Trustee Sale.

Please be aware that prior to purchasing any property you need to understand what, if any, liabilities you may be assuming.

The Sanborn Team works on taking the mystery out of Real Estate.
Please call us at 310-777-2858 or visit our website http://www.sanbornteam.com/

Buying Probate & Trust Real Estate

It's easy to feel overwhelmed when you're thinking about buying your first home - especially when it's a probate or trust real estate property. But, armed with some information about the trust and probate purchasing process and a great real estate agent to assist you with years of experience, you will soon be well on your way to home ownership.

Here are some tips for first-time buyers:

1. Your Agent is Your Ally: your real estate agent will help you understand every step in the process of buying your first home and will guide you, from beginning to end. Your agent represents your interests in your home search, in negotiations, and throughout the sale and escrow process.


2. Take Time. Ask Questions: Remember, when it comes to your house, there are no stupid questions. If you have concerns, don't understand something, or need more information about any aspect of the real estate process, your agent will help you. Your agent should be informed and available to answer any questions you may have.


3. It IS complicated! It’s easy to feel concerned, intimidated or nervous about the whole buying process, but don't worry, everyone is! Real estate transactions are complex and it's important to work with an experienced real estate agent.


4. Renter's Reality: The money you're putting in your landlord's pocket is only helping your landlord buy more property! You could be putting your money toward building equity for your future.

Although probate and trust real estate properties tend to be more complex than the traditional sale, as long as you work with an experienced agent, you will be successful in the transaction.

This is why it's crucial to work with real estate agents who are experts in assisting buyers and sellers in probate and trust transactions.

We are your probate and trust real estate experts! Visit our website at http://www.sanbornteam.com/ or call us at 310-777-2858 to find out more!

Upcoming Beverly Hills Bar Meeting

As sponsors of the Beverly Hills Bar Association, Elder Law Section,

we would like to remind you of a wonderful upcoming program.

Speaker: Randy M. Spiro

Topic: Pitfalls in Dealing with Successor Trustees as the Elderly Client becomes Incapacitated

Date: Thursday, February 14, 2008

Registration: 12pm

Presentation: 12:30-1:30pm

As your Probate & Trust Real Estate Specialists, we will continue to support our clients!

For further information about probate and trust real estate, please visit our website at http://www.sanbornteam.com/

Disclosure Regarding Death on Property

Disclosures Regarding Death

Most of the time when someone hears that real estate is being sold through probate, they assume that someone died in the unit. In some cases, the decedent may have passed away in the property or they may have died in a hospital or care facility; in other cases, the owner may still be alive and requires the sale to fund their ongoing care--a conservatorship sale.

California has specific laws for disclosures regarding death. In 1983, a case made it statutory that the administrator/executor does not need to disclose a death if it occurred more than 3 years prior to the sale.

If a death occurs on the property within the 3-year period, and the circumstances of the death are material (it was a gruesome or offensive death, or affected the reputation of the property), it must be disclosed.

Deaths more than 3 years past

If the buyer asks if there have been any deaths, the administrator/executor must disclose all known deaths on the property. This is only if the buyer asks.

As a buyer, if you have any concerns or questions regarding death on the property (and not everyone does), you should always ask, in writing, to the administrator/executor. If the death occurred more than 3 years earlier, it’s better to ask than to find out after the close of escrow.

For more information on what disclosures are required for a Probate Real Estate Sale, please visit our website at http://www.sanbornteam.com/ or call us at 310-777-2858 to receive a free up-to-date California Association of Realtors disclosure chart.

What is an Administrator of an Estate?

Q. What is an Administrator of an estate?

A. An Administrator is a person or entity appointed by the court to administer an estate when no will exists. When a person passes away without a will, the court will have to appoint a person to be in charge of dealing with the person's assets, such as a house. When a house needs to be sold and there is no will, the property has to be sold through the probate process.

Q. What is an Executor of an estate?

A. A person named in a Will and appointed by the Court to carry out the decedent's wishes. This person is usually named as the seller of the real property.

To find out more about Probate Real Estate and Probate Real Estate Terms, please visit our website at www.SanbornTeam.com or call us at 310-777-2858.

Till Death Do Your Equity Part

We recently came across this article in the California Association of Realtors Magazine and thought it would be useful to you.


"Till Death Do Your Equity Part "
By William Cuthbertson, MBA

You’re at the escrow office finalizing the purchase of your new home, when you’re asked, “How do you want to take title?” You’re told, “There are three primary forms of property ownership in California available to married couples: tenants in common, joint tenants with rights of survivorship, and community property with rights of survivorship.” Armed with that information, you’re even more confused. What will you do?

If you’re like most married property owners, you’ll probably choose joint tenancy. However, if you don’t have a particularly unique legal situation, and you’re a savvy home buyer, community property with rights of survivorship (CPWROS) may be your best option.
Why? Because you want the best tax treatment possible for your surviving spouse in the event they decide to sell the property after your death.

In 2001, it became legal in California for married property owners to take title as CPWROS. Doing so allows married property owners to take advantage of the same automatic title transfer rights provided upon death for joint tenancy title holders, while also benefiting from the improved tax treatment allowed by virtue of holding title as community property.

The tax advantage of CPWROS occurs because of the way tax law adjusts the reported cost of a sold property whose title has changed due to the death of a spouse. In tax talk, this reported cost is called tax basis. In this situation, the tax basis for the entire property in the hands of a surviving spouse is generally stepped up, to an amount equal to the fair market value of the property on their deceased spouse’s date of death.

Consequently, if the property is sold for fair market value, there would be zero gain to report. Whereas, if the property had been held under joint tenancy, only the half share of the property attributed to the deceased spouse would have increased to fair market value, potentially resulting in a much less desirable result.

Property title changes for already held property can generally be accomplished quite easily. If you are uncertain how to proceed, you should contact a competent legal and/or tax advisor.

Death and Taxes
Consider these two examples and their resulting differences.

• Common Assumptions

Purchase Price (Original basis): $500,000

Fair Value: $1,000,000

• Gain Calculation for Joint Tenants

Sales Price: $1,000,000

Stepped Up Taxable Basis: - $750,000

Gain = $250,000

• Gain Calculation for Community Property with Rights of Survivorship

Sales Price: $1,000,000 Stepped Up Taxable Basis - $1,000,000

Gain = $0

The difference in these two examples results from the manner in which the taxable basis is adjusted at death between the two property titling forms.
William Cuthbertson, MBA, is a San Juan Capistrano-based Certified Financial Planner™ professional, and also is enrolled to practice before the IRS and state taxing authorities.

- - - -

If you have any questions about holding title, please be sure to consult your attorney or CPA. If you have any questions about probate and trust real estate please contact us, your Probate Realtors at 310-777-2858 or visit our website at http://www.sanbornteam.com/

I Didn't Know My Neighbor Died!

The Sanborn Team represents conservators when they sell real estate that is owned by a conservatee.

Since all sales of real estate that are in a conservatorship are sold through the probate code, they are probate real estate sales. This can be confusing, and we often get calls from concerned neighbors thinking that their neighbor has passed away when in fact they are alive and well.

We currently have a home listed in the Laurel Canyon area of Los Angeles and we received a call today asking what happened to the owner. We were thrilled to report that she was alive and receiving great care and that the monies that will be received from the sale of her real estate will go for her continued and future care.

For further information about conservatorships, please visit our website at http://www.sanbornteam.com/conservatorship.htm or call us at 310.777.2858.

Probate Real Estate Term: "AS-IS"

It is very common to see probate and trust real estate connected to the term “As-is.” Simply stated, what you see is what you get, and many times there is no negotiation on repairs for the real estate.

Administrators/executors and real estate agents have an affirmative obligation to disclose KNOWN defects to the buyers. For example, it may be known that the front door sticks and is difficult to open. The administrator/executors will disclose that to you. However, since they have never been in possession of the property they cannot be expected to have the knowledge of the defects or condition of the main systems of the property, such as the roof, the plumbing or the heating system (unless there is some obvious symptom, such as water stains, dripping, or roof tiles in the back yard).

“As-is” means that the executor/administrator has not investigated the condition of the property or had it investigated by a professional inspector--for example, a structural pest inspection or general physical inspection--and that the purchaser of the probate and trust real estate is responsible for requesting and performing any investigation he/she so desires. If the buyer does not elect to perform such investigations, then he/she, and not the executor/administrator will assume liability for any defects subsequently disclosed.

For more information about buying probate and trust real estate, please contact us directly at 310-777-2858 or visit our website at http://www.sanbornteam.com/

Get a Home Inspection: Tip for Buying Probate Real Estate

Most of the time when buyers find real estate for sale through probate or trust, there is not a seller to explain the condition of the property and its important systems, such as roof, plumbing, and electrical, and or even minor things, such as the garbage disposal.

Normally, during purchase negotiations, the buyer and seller agree not only on price but also on contingency periods. But when real estate is sold through probate or trust, often the seller will not accept any offer that includes contingencies--even investigation contingencies.

Since probate and trust buyers will not be able to make their offer contingent upon a satisfactory inspection, they can avoid costly "surprises" by hiring a professional inspector to conduct a general inspection before they make an offer on the property. The inspector examines the condition of the home, so the buyers know what they are buying and what repair expenses they need to anticipate.

A home inspection can cost anywhere between $400 and $700 (the price can be substantially higher for apartment buildings). The price is based upon the size of the house and if there is a pool or spa. The inspection will include plumbing, electrical, roof and overall physical condition of the property. The buyers should be present at the inspection and should freely ask the inspector questions.

This inspection is just the starting point. It maybe necessary to hire other inspectors that specialize in specific problems to find out what will need to be done to alleviate significant and future problems with a property.

To find out more about purchasing probate real estate, please visit our website at http://www.sanbornteam.com/ or call us directly to set up a free consultation 310.777.2858.

Anatomy of a probate real estate sale

Unlike the majority of real estate transactions, in a probate sale the estate is accepting a bid and the accepted offer is that one that is confirmed in court. This can be a very confusing concept to buyers and their agents. We at the Sanborn Team spend a great deal of time counseling both buyers and their agents on how a probate real estate sale takes place.

With a probate sale, a bid is accepted and a court date is set. The attorney who represents the estate prepares a petition for the court and the court sets the actual hearing date. Once the hearing date has been set, the Sanborn Team publicly announces the sale of the real estate property through the multiple listing service, Realtor.com, local publications and our our website http://www.sanbornteam.com/ to allow for any other interested parties to bid on the house.

The court date is usually within 6-8 weeks of the accepted offer, but the time does vary and there are no hard and fast rules. For example in downtown Los Angeles the probate sales are held every day. In the regional courts the days of sales vary. At the court, the sale of the property is announced and at that time there is an opportunity for any interested party to come and bid on the property.

The initial overbid is determined by the Probate Code, but subsequent bids are set by the judge. Any buyer who overbids on the real estate will be purchasing the property under the same terms and conditions as the original buyer. Once there is an overbid the real estate is sold in an auction with all interested parties being able to bid. When a final bid has been reached the judge announces that the property has been sold. The final bidder needs to provide the court with their exact vesting (how they will be holding titile). From that point on the buyer needs to close the escrow and they will be the proud owners of their new home.

If you have questions about purchasing Real Estate through a probate proceeding please call
The Sanborn Team at 310-777-2858 or visit our web sites http://www.sanbornteam.com/
where we work on taking the challenge out of purchasing real estate through a probate proceeding.

Hot New Listings!

Check Out Our New Probate & Trust Real Estate Listings!

5601 Ostrom, Encino Village


4+1.75 Traditional Charmer! Located on a cul-de-sac, this home features wood floors, fireplace in living room, serene and grassy yard. Listed for $595,000

17510 Sherman Way #207

Spacious 2+1.75 condo. Features include formal entry, fireplace in living room, spacious eat-in kitchen, washer and dryer inside, 2 spacious bedrooms At an amazing price of $299,000

1016 West 51st Place, Los Angeles

Opportunity Knocks! Two houses on a lot. One house is a 2+1 and the other house is a 1+1. Listed for $350,000

1552 N. Avenue 46, Eagle Rock

Located in Eagle Rock, walking distance to Occidental College, this 1+1 Spanish is a charmer. Why pay rent when you can own a house?

Listed for $399,000

1558 N. Avenue 46, Eagle Rock

Located in Eagle Rock, walking distance to Occidental College, this is a Triplex. One 2+1 and two 1+1. Back unit is a great owner's unit with a private courtyard. Spanish Charm Galore!
Listed for $599,000

To see all our Probate & Trust Real Estate Listings, please visit our website at www.SanbornTeam.com.

January 15 Beverly Hills Bar Meeting

Attention!

Upcoming Beverly Hills Bar Meeting

Trust & Estates Program

"Issues and Updates In Trust Administration"

Speaker:

Jacqueline A. Patterson, Attorney at Law, Haney, Buchanan & Patterson

Linda Retz, Attorney at Law

Date:

Tuesday January 15, 2008

Registration/Lunch: 11:45 a.m.- 12:30 p.m.

Program: 12:30 p.m. - 1:30 p.m.

Place:

LAWRY'S 100 N. La Cienega Blvd., Beverly Hills (1/2 block North of Wilshire Blvd.) Free underground parking.

For further information or to register please visit http://www.bhba.org/

The Sanborn Team is the official sponsor of the Probate and Trust section of the Beverly Hills Bar Association. To learn more about our services please visit our website at http://www.sanbornteam.com/

December 31 Court Date for Real Estate Sale

December 31
Dept. 9
111 N. Hill St.

1064 S. Point View
Los Angeles, CA
Spanish Charm with original Details throughout
Enter through Private Courtyard
3 bedroom 1.75 bath house
Formal Dining Room and Separate Breakfast Room
To view this property call
The Sanborn Team
310-777-2858
Over bid amount is $961,250
If you need specific information please call our office at 310-777-2858