Property Tax Deferral: Hidden Gem?

Property tax deferral programs are often kept somewhat secret, and are far less popular than reverse mortgages. These deferral programs can cost states and counties current tax revenue, which is why some jurisdictions avoid advertising these programs extensively. However, tax deferral programs can be a much more attractive alternative to reverse mortgages in certain situations.

Like a reverse mortgage, a property tax deferral gives the borrower a financial benefit that the borrower (or the borrower’s estate) must repay when the home is sold or when the borrower passes away. This financial benefit is a deferral of property taxes, rather than a direct payment to the borrower.

Tax deferral programs are generally only available to people above a certain age; some states allow tax deferral for those 61 and older, and others start at 67 years and older. Certain other groups, like veterans and those with disabilities, are often allowed to participate in tax deferral programs as well. Usually, you must have owned your home for a certain number of years before you will qualify.

Reverse mortgages have significant upfront costs and complexity, but a property tax deferral is much cheaper and more straightforward. The complexity of a property tax deferral comes from the wide variation of programs between states and counties. State laws surrounding tax deferral programs are constantly changing, especially after the pandemic. However, if you find that your local jurisdiction offers a property tax deferral program, it is usually easier and cheaper to obtain than a reverse mortgage.

In some states, like Oregon, the state will pay your property taxes to the county for you, so your deferred taxes would ultimately be paid back to the state. In Massachusetts, the deferral program is between you and your town or city. Thus, the state is not paying the town on your behalf; the town must wait until you pass away or sell your home to receive tax payment.

Deferred tax payments generally accrue interest that must be paid back. In Massachusetts, the interest rate in some towns is 8%, and in other towns is as low as 1%. As you can see, the benefits of these programs can vary widely.

Since this is just a tax deferral, the amount of money you will free up will be significantly less than a mortgage. This may be perfect for those who are not comfortable with the responsibility and expense of a reverse mortgage, and who need a smaller amount of money.

If you want to free up funds using your home, and are uncomfortable with a reverse mortgage, it is worth checking with your state, county, or town to see if any deferral programs exist.

The states listed below currently offer some sort of tax deferral program, though this is not always available statewide. This list is ever-changing, so be sure to check with your local state, county, or city government website to see if you might qualify.

States with Tax Deferral Programs in 2022:

Colorado
Washington DC
Florida
Idaho
Chicago
Massachusetts
New Hampshire
Oregon
South Dakota
Virginia
Washington
Wyoming

What is hydronic floor heating, and is it more efficient?

Hydronic is a completely different type of heat, produced by water tubes in your floors. Forced air heating systems heat all the air in your home, and your contact with that hot air makes you warmer. With hydronic heating, the heat is closer to your body, since it radiates out of the floor. Because it’s close to your body, and heats your body directly whenever you’re near the floor, you do not need to heat all the air in each room in order to feel warm. Thus, people feel warmer at lower heat settings. 

Hydronic heating has been used in Turkish baths for centuries. Though this heating system is ancient, it has many advantages over forced air heat systems. For one, it does not require air to be blown around the home, which creates dust and dries out the air. Additionally, by not forcing air through the house constantly, there are fewer temperature air leaks throughout the structure.

Many who have lived in hydronically heated homes say that the heat these systems produce feels better. Heat that radiates from a surface you are constantly touching–rather than from hot air blown at you–feels like a much different type of heat. 

Hydronic heating systems have vastly improved since the last century. In Levittown, New York, the famous mass-produced houses built in the 1940s used radiant heating systems. These were made with copper pipes, which, unfortunately, had a tendency to corrode and leak. Modern systems use PEX piping, which is immensely more durable.

So, what is wrong with hydronic floor heating systems? Well, for one, these systems do not incorporate air conditioning. This means that an entirely different system for cooling air must be incorporated, if desired. Additionally, there are not a lot of studies that clearly prove radiant heating to be more efficient than other types of heating. In larger homes, it may in fact be less efficient. However, there are a wide array of factors to account for in comparing these types of systems. Given that only the lower half of the room needs to be heated with hydronic floor heat, and that people generally feel warmer at lower overall temperatures with these systems, there are significant advantages to hydronic heat when applied in the appropriate context. 

Hydronic floor systems are more expensive to install, which can counteract energy savings. However, they are worth looking into if you are looking to reduce your carbon footprint, and if you have a smaller house. Hydronic floor heating is also helpful if you have allergies, since it does not rely on circulating air and dust.

Hydronic floor heating systems are definitely worth considering, as the technology for them has vastly improved, and as their cost has somewhat decreased. Who knew a centuries-old heating system could be so cutting-edge?

Square footage is not what you think.
You may think that square footage is an objective fact. However, in real estate, square footage is anything but objective. In this article, we will define what can and can’t be expected regarding square footage in real estate, and we will present the two most reliable ways to calculate square footage.

Appraisers will likely reach different square footage conclusions about the same house.
Even if you have an appraisal done, your appraiser may use a different method for square footage calculation. There are no federally mandated standards for measuring square footage in residential real estate; if you have four appraisals performed on your house, all four appraisers will likely arrive at different square footage conclusions. However, these appraisals will likely be in the same relative ballpark, since most appraisers are required to follow certain methods based on their trade associations and/or state laws. For example, a widely used set of standards developed by the American National Standards Institute (ANSI) is a fairly reliable and consistent method used across numerous appraisal organizations. Thus, an appraisal is one of the most accurate ways to calculate square footage, even though there will be slight differences between how various appraisers calculate the same property.

How can something that seems like an objective number be so complicated? One example that helps illuminate this conundrum involves how the square footage of a stairway with a foyer might be calculated. Often, the area that is open on the second floor of the foyer will not be added into the square footage of the second floor. This is because the open space does not have a walkable surface; it only provides the ability to see into the floor below. However, the stairway that leads up to the foyer often will be included in both the upstairs and the downstairs square footage calculations separately, since it is a walkable surface that is partially on both floors. Another complexity involves how finished and unfinished basements are defined, and whether they are calculated into the square footage of the building. There are countless other complexities like these that sometimes make square footage calculation more creative than objective.

Brokers who calculate square footage will be sued.
A significant problem with square footage comparisons is that real estate listings can generally list whatever square footage the seller wants to, not what the broker thinks the square footage should be. This may seem strange, but there is a very good reason for this; real estate brokers will likely be sued if the buyer disagrees with a broker’s calculations. Real estate brokers are not trained to calculate square footage, so they would be going outside the limits of their license by doing so. The same could be said of a real estate broker who gives out legal advice; this broker would likely be practicing law without a license, and could be sued for that as well.

Brokers are encouraged not to calculate square footage by liability laws. Thus, brokers are careful to state that the square footage information was provided by the seller, which means that the broker does not face legal responsibility for this information. If a broker were to contradict the information provided by the seller, they would take on massive liability. As a result, a broker is the last person you should consult to verify square footage, since they will likely say that you should hire a professional to determine it for you.

Assessor’s vs. appraiser’s calculations
An assessor map is made up of layers upon layers of assessments performed under different standards and possibly decades apart. Assessor maps may have square footage calculations based on outdated appraisal standards, based on the building’s footprint only, based on an assessment done fifty years ago, or based on a property before the basement was finished, for example. This is why an appraisal and an assessor’s map may list dramatically different square footage calculations.

Most accurate; least public
The appraisal will be the most current and comparable calculation, but it is also the least public, since appraisals are usually not required to be reported to any public authority or shared online. A seller’s quote of their own property’s square footage may or may not have been based on a recent appraisal. It also could be based on the seller’s own measurements, or their own feelings. Most real estate contracts contain phrases like “buyer to perform due diligence,” which is another way of saying that the buyer is responsible for verifying information like square footage.

The most accurate method might not be an appraisal.
The most accurate method of calculating square footage might be your own calculations. This is because you know what your spatial requirements are, and can rely on your own measurements. For example, a 1500 square foot condominium with 12 foot ceilings and an amazing view may feel much larger to you than a 2000 square foot ranch house with 7 foot ceilings and a few small windows blocked by trees.

When looking at real estate listings, take the square footage listed as a very loose figure. Remember that you may be a much better source of the square footage information you need than anyone else in the real estate profession.

Are you confused about the new Fair Housing education requirements for real estate brokers in Washington? We have answers!

If your real estate license renewal date is before May 31st of 2023, you do not need to take the new 6-hour Fair Housing course for your current renewal. In this case, you would simply renew your license as you normally would. For your renewal after this next one, however, you would need to take this 6-hour course.

If your license renewal date is after May 31st of 2023, you will need to take the 6-hour Fair Housing course.

This 6-hour course is a temporary course that will only be used for the next few years. This is because it will ultimately be replaced by three courses; a 3-hour Fair Housing segment for pre-license education, a 3-hour first-time renewal course (part of the required 90 hours of post-licensing study), and a 3-hour Fair Housing continuing education course.

Thus, future brokers studying for their real estate exam will automatically take the new 3-hour course in their pre-license studies, and then will take a separate 3-hour Fair Housing course as part of their first-time renewal. After these 6 hours (three with pre-licensing and three on the first renewal) are completed, every renewal going forward will need to include a 3-hour Fair Housing course.

To clarify, after pre-license and post-license education (both of which include 3 hours of Fair Housing), all subsequent renewals must include a 3-hour Fair Housing continuing education course.

We hope this clears up any confusion about these new requirements! Fair Housing is an essential topic for professionals in the real estate industry. Real estate brokers help shape the demographic fabric of our country, and are vital to giving everyone fair access to homeownership. We are happy to support Washington in providing this important knowledge to their licensees!

Title and deed are often used interchangeably, but they are not the same. To start with, title is a concept, it is not a physical thing. Title is the idea of ownership, the idea of being entitled to something. Many cultures used to transfer title/ownership with spoken words only, or with a handshake. Title was simply a general agreement among people that you were entitled to land or other objects. This has not changed; title still is, in essence, a general agreement among people that a particular thing is owned by a particular individual or group.

What has changed about title over centuries is how it is referenced. Most jurisdictions require title to be referenced in writing. This is where the deed comes in.

In the United States, title must be transferred using written documents, or deeds. A deed is a legal instrument that transfers title. Deeds are carefully tracked and are usually recorded to be sure that they are unique. This uniqueness is essential to a deed; a deed cannot give the same ownership rights in a property to multiple competing people at the same time.

This seems fairly straightforward. However, title as a concept in the United States actually refers to a number of types of ownership. For example, the right to possess, build on, and inhabit a piece of property might be owned by one person, but the mineral rights to any oil, coal, or other valuable minerals from that same piece of property might be owned by another person or entity. In a big city like New York, the air rights to build over a property might be owned by yet another person.

Thus, title to a property involves many types of ownership. These types of ownership are referred to as title rights.

Most properties started out as a collection of title rights that were owned by one person. That is, the owner owned the title right to inhabit the property, as well as the title right to extract oil and minerals from it, and even owned the right to all of the airspace above it. After hundreds of years, multiple people or entities may now own separate title rights to the same piece of property.

As mentioned earlier, the way these title rights are transferred is generally through deeds. Thus, the same property might have one valid deed conveying the mineral rights to one party and another valid deed conveying the right to inhabit and build on the land to another party. Deeds are not title; they are how title is transferred.

To make things more complicated, someone may have most title rights in a property, but not have the deed to the property conveying these rights. This is what happens with a deed of trust. With a deed of trust, a borrower pays a lender over time for the right to own the property, much like a mortgage. However, the actual deed transferring title is in the possession of a trustee, who has the right to transfer the title (sell the property) only if the borrower defaults on their loan. The borrower has equitable title, which in this case means that the borrower may enjoy most of the title rights to the property (may inhabit it, build on it, etc.). However, the legal title rests with the trustee so that the trustee can quickly sell the property if the borrower defaults.

As you can see, title is a concept of ownership that has many different forms. Having title to a property and a deed conveying this title is not as straightforward as it may seem. Many property owners do not clearly understand the wide variety of title rights, and may not realize which ones they have and do not have. For example, owners who do not possess the mineral rights to their land are frequently unaware of this fact.

Though the concept of title and how it is transferred can be confusing, it is helpful to understand the basic theory behind it. Without this understanding, it is difficult to know what exactly you’re buying when you make what might be the biggest purchase of your life.

In a condominium, the difference between deeded parking and assigned parking is significant. A deeded parking space is primarily under the control of the unit owner, while an assigned parking space is under control of the homeowners’ association. If parking is assigned, this means it is assigned by the homeowners’ association. A homeowners’ association serves the needs of all unit owners, not just one owner. Thus, the association controls the parking space, and can change or sometimes eliminate the space, possibly without the consent of the unit owner. However, if the parking space is deeded, changing the space or eliminating it is extremely difficult.

A deeded parking space is generally referenced in the original condominium declaration that created the condominium organization. Thus, a deeded parking space is generally appurtenant to the unit, which means it is attached to the unit in a legal sense (not necessarily physically attached). Thus, any transfer of ownership of the unit would automatically transfer the parking space to the new unit owner. It is essential to verify that a deeded parking space is in fact referenced in the condominium declaration.

It is important to note that there are ways to change almost anything in a condominium if enough unit owners vote to do so; however, to change a deeded parking space would likely involve an amendment to the original condominium declaration and official recording with the county. This would be a very difficult process.

The owner of a unit with a deeded parking space appurtenant (attached) to it generally does not own the actual land on which the parking space exists. Instead, the owner possesses an exclusive right to use the space for parking. To clarify, most common areas of a condominium are owned by all individual owners as a group; these areas are called general common elements. A deeded parking space falls into a category called limited common elements. Thus, it is part of the common elements, but is limited to use by one owner. The same could be said of a patio that is part of the common elements, but is restricted to use by one or a few owners.

Some deeded parking spaces are actually owned in fee simple by the unit owner. This means that the owner has title to the space, and thus absolute and complete ownership of it. The owner will likely pay property taxes on the parking space itself, separately from the taxes on their condominium. The owner may be able to sell the parking space to whomever they want, separately from the sale of their unit. However, nothing comes without restrictions; the homeowners’ association may limit the sale of a parking space to owners in the same condominium complex for security reasons. Even land owned in fee simple can have restrictions on its use or transfer.

There are many ways to own a parking space, and all condominiums have different rules. However, there are important, essential differences between assigned parking and deeded parking that every buyer and real estate broker should be familiar with. Hopefully this has helped clarify the basic differences between different types of condominium parking spaces!

Need a Rhode Island Mortgage Loan Originator license? We got you.

At OnlineEd, we’ve helped thousands get their mortgage licenses, and we’re extremely proud of our new Rhode Island NMLS Course!

Our course is 100% online, takes only four days, comes with instructor support and deluxe exam prep with practice tests, as well as our live exam cram webinar, so you won’t be alone in this process!

All these are standard features of our course, so you don’t have to pay extra!

We also offer a price match guarantee, so you know you’re getting the best deal. 

At OnlineEd, we’ve been educating the real estate industry for over two decades, and we’re excited to share our expertise. Thanks for checking us out!