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All Forum Posts by: Juan Pardo

Juan Pardo has started 2 posts and replied 196 times.

Originally posted by @Peter Walther:

This will be a pretty complicated discussion.  By way of background I did title insurance claims throughout the US for various underwriters for about thirty years.

To begin with, as I understand it, notary publics in the US serve a different function than notaries in other countries.  Their main function here is to take the acknowledgement of the signor of a document that the signature is theirs and to verify their identity through state approved identification.  I believe notaries may be prohibited from advertising their services in Spanish to avoid confusion because of the different role they play in other countries, but I may be mistaken.

Each state has it's own requirements for the acceptable form of ID and record keeping requirements.  Some states such as CA require the notary keep a log, some require a thumb print, some don't require any documentation.  I've spoken with many notaries about questionable documents and have often been told while they don't remember that specific transaction they would never take an acknowledgment without proper ID.  I've had others who have admitted their boss brought in a document signed by someone else but because the boss vouched for the authenticity of the signature went ahead and notarized it anyway.  I've had title company employees tell me Mary is the only notary in the office so all the closers take the signed docs to her to notarize even though she never met the signor.  It's far from a perfect system and is open to fraud and abuse and I agree with an earlier poster who has concerns about remote notarization.  It will increase fraud in my opinion.

As far as searching a land registry I believe your describing a Torrens system where the state assures a real property purchaser of the title status of a particular property.  One does not even search the title but applies for a title certificate which shows the property now being registered in the buyers name.  If there's an error resulting is a loss the state pays the damaged party in accordance with state law.  I believe there are only a handful of states where a Torrens system is used.  The other states rely on an abstract system where counties, a subsidiary government body, is charged with accepting documents for recording and maintaining an index of them.  The county does not examine the document for legal sufficiency of effect, only that they are entitled by statute to be recorded.  The effect of recording is to provide constructive notice to third parties of the documents existence.  As an aside, I believe most people are unaware that in in Florida, a document is considered recorded and provides constructive notice when it is deposited with the Clerk of the Court and is assigned a document number.  It does not need to appear in the indices for it to impart notice and purchasers take subject to it.

One does not need to be an attorney to search, and more importantly in my opinion, examine title, but to do it correctly one needs time and training in the county and state where the property lies.  A title examiner NY cannot start searching and examining title in Texas without significant training because each state and even each county has their own idiosyncrasies in recording and indexing which, if you don't know, can cause a defect in title to go unidentified.

Title insurance is not required for the purchase of property though to my knowledge most lenders will not loan money without being insured under a title policy.  In my opinion it is foolish for anyone, even someone schooled in searching and examining title, to put significant money at risk without getting a policy because not only does it indemnify you for a loss related to a covered defect identifiable from the record, it also indemnifies for a covered loss which can't be found in the record such as fraud, forgery and incompetency.  While many feel title insurance is not worth the money because they pay out relatively little in losses as compared to the premium, I believe that's because they spend much of their income in the search and examination process.

The closing of a purchase is frequently handled by a title company as a matter of convivence for the parties though it can be closed by a separate attorney with the title insurance issued separately.  I believe that's required in NC.  For some clarification there are generally two parties involved in the issuance of a title policy.  First there is the policy issuing agent, the consumer facing part of the two.  Then there is the title underwriter, who is financially responsible for receiving, investigating and paying covered claims.  For further clarification, some agents are owned by an underwriter, they're referred to as direct shops.  Then there are independently owned agents who are authorized to issue policies for one or more underwriters.

Escrow is a separate function that is frequently handled by the same title company, again as a matter of convenience though it can be handled by a separate escrow company. I believe that's common in CA.  The escrow agent is responsible for collecting the purchase funds from the buyer and the buyer's lender if there is one and obtaining payoff's from lien holders and seeing to their payment, paying property taxes that may be owed and any other charges required to be paid.  Either the title company or the escrow company should be responsible for the recording of the proper docs.

This is a brief outline of the process.  There are hundreds of possible variations and thousands of things that can and do go wrong.  I hope it helps and good luck.

Thanks for your detailed explanation! It totally makes sense that one needs title insurance in the US if there is no administrative body or public official (land registrar) that is responsible for certifying the status of the property (owner, encumbrances etc) and its accuracy.

Originally posted by @Terry Lao:

@Bill B.

Good one, made me laugh. The numbers don't come out on web until the 6th, 7th, or 8th of each month. 

Here's X factor. News of fake gold in china, with losses of $2.8B. Is this the tip of the iceberg? Alot of fake stuff from china, toys, watches, powder milk, and now gold? Also, I read that loan from gold went to purchase real estate in ghost cities...............not a good sign.


https://asia.nikkei.com/Spotlight/Caixin/Mystery-of-2bn-of-loans-backed-by-fake-gold-in-China

Regarding the stock market, and specifically futures, many people where wiped out of their open positions when oil traded in negative numbers (-37 USD per barrel of WTI) at the end of April.

Chinese investors and banks lost a few billions USD. Bank of China alone lost in excess of 1,4 billions.

Originally posted by @Justin Thorpe:

@Juan Pardo

Seems like you are happy to bet on a pandemic driven trend of remote work and thus implicitly to bet the pandemic lingers forever. History will tell you they don’t but you be the judge on that.

As for the remote locations you mention, why would I as an American in the prime of my working years go live away from a hotspot economic area and that too in a different country.

I am sure there are people who might do that but it will be in the very slim minority. Also the practicalities of working remotely that too from a foreign country are very complex.

True that offshoring has happened in several tech areas over the years but it’s limited to people below a certain level of skill set and has not worked well beyond a certain point because of cultural and time zone issues.

I wasn't referring to the pandemic. I am not worried about that. However, it can trigger a change of mindset, it can get people thinking.

Also I didn't mean to work remotely, let's say from the Caribbean, and having to come back every week or every two weeks for a few days to an specific place. 

I meant to quit working full time and go live somewhere cheaper, maintain a similar or better lifestyle, work less, earn less, but maintaining the same quality of life, because the new place is just affordable. Why moving? To enjoy life! To see the world, to have perspective on things, to discover other countries, to live in a large house on a wonderful beach at a fraction of the US price, and working less hours, to have free time.

Does it make sense to work non-stop during the best years of one's life just to buy overpriced property? And this is a general reflection.. 

Post: Foreigner investing in US

Juan PardoPosted
  • Posts 201
  • Votes 118
Originally posted by @Paul Jovaisa:

@Juan Pardo

I think main driver for price appreciation is economic growth. A lot of companies moving to Baltic states, salaries is rising. Affordability for real estate is at record highs. Also people moving from country side to bigger cities. Emigrants coming back from west.

After 2007 crash people was scared to invest in real estate. When I started buying properties around 2015 people was thinking I’m delusional with my goals. Now very same people starting to buy.

One property I bought with mortgage others cash. Sold last year two apartments which I bought in 2016. I paid for them around 100k in 3 years with cashflow including i doubled my money.

Norway has quite high prices and ROI is around 5% for cash purchase. But Norwegian krone is at record lows,47% down since 2013 against dollar. Good time to buy if you have dollars or euros. As some one mentioned before check out FINN.no this is only website for real estate.

You bought at the perfect time in Lithuania! Really good move!

Which are the main real estate websites for Norway? How much would be an 80 sq mt apartment in Oslo, Toyen?

I have been to Oslo, Bergen, The Lofoten... absolutely loved the country. So beautiful!

Originally posted by @Brian Ellis:
Originally posted by @Juan Pardo:
Originally posted by @Brian Ellis:

When you have mortgage forbearance, you wont see much of a change until that stops.

10% of homes are in forbearance right now, just to give you an idea. 

You have investors sitting on the sidelines waiting for prices to drop, and you have sellers who aren't giving in. So we are in a stalemate right now.

Keep in mind we had stricter guidelines after 2008, and banks are tightening up even more now. If you are on unemployment you cant even qualify to purchase (we all know how bad unemployment is right now). 

Given all the data, I can really only give speculation on my market. I do see opportunity for the smart investor, when forbearance is up then we will see the distressed properties start to pop up more. Because these are likely homeowners that have been on the fence long before the pandemic hit.  So likely more opportunity, just not cheaper opportunity like we saw 2009-2015. Besides that business as usual.

Time will tell, though!

Yeah, but the difference is sellers need to sell, or wish to sell, and buyers can sit on cash for a while and sharpen their axes in the meantime.

That's my point. Sellers don't need to sell anything right now. They have mortgage forbearance in place. 

The ones that need to sell, most likely have been needing to sell for a few years now. The inevitable is just prolonged. Hence why I think there will be a flood of bank owned properties at once. But there are plenty of buyers waiting for them like you mentioned.

They may need to sell if tenants dont pay rent, and then stay in the property until being evicted.

Originally posted by @Darius Ogloza:

The same debate has been raging for the 26 years I have been living/investing in the Bay Area.  When I paid $1,700 rent per month for a 3/2 view house in Sausalito in 1994 and then when I bought a Mill Valley rambler in 1997 for $450,000, all of my friends/family/associates who lived outside the Bay thought I was nuts to pay such a huge sum for such modest accommodations.  The dot.com bust in 99 was going to end it all.  Then 9/11.   Then the financial crisis in '08.  As the mutual fund guys like to say, the past is no guarantee of future success but the resilience of this area has been remarkable.  Have there been dips?  Sure.  Any reason to think that the Bay is going to drop further on a percentage basis relative to other areas, I don't see it.  

 In 1997, according to graphics, prices had been falling a few years.

Let's view the topic from a different perspective: what are the drivers for appreciation at the Bay Area, and will they continue working?

And another angle on this discussion: why would not a well-paid professional working in SF wish to relocate abroad, lower the amount of working hours, taking a long vacation, enjoying life at a lower pace, with less stress, and investing his or her savings somewhere else? By relocating everything is cheaper, it's possible to live in a very nice place and cheaper (Brazil? Caribbean? Italy? Bali?). By diversifying investing in different countries, in theory we have a safer and more stable portfolio.

Last remark, just playing devil's advocate: it cannot be that obvious like buying a property in the Bay Area and sitting on it for 15 years. It may have worked in the past but, will the trend continue?

Originally posted by @David M.:

@Juan Pardo

Every country is different.  I understand in Ukraine i believe their transactions are done in under a week, start to finish.  No inspections and not much of anything apparently for Title searches, much less insurance.

I don't know what taxes you have to file.  Property tax credit/debits are handled at closing and pro-rated to the day between the buyer and seller.

As I am to understand, with multiple administrative layers liens need to filed at the property level.  Either way, thats what licensed Title searchers are for and the requisite Title insurance (whose policy prices I believe are regulated across the country).  Maybe because I am used to it, but I'd rather somebody else the liability for the Title since I don't want to become an expert, nor the time, to research Title.

How do you know about Ukraine? Are you from there? I have heard there are still very good opportunities there, but it should be risky..

Originally posted by @David M.:

@Juan Pardo

Every country is different.  I understand in Ukraine i believe their transactions are done in under a week, start to finish.  No inspections and not much of anything apparently for Title searches, much less insurance.

I don't know what taxes you have to file.  Property tax credit/debits are handled at closing and pro-rated to the day between the buyer and seller.

As I am to understand, with multiple administrative layers liens need to filed at the property level.  Either way, thats what licensed Title searchers are for and the requisite Title insurance (whose policy prices I believe are regulated across the country).  Maybe because I am used to it, but I'd rather somebody else the liability for the Title since I don't want to become an expert, nor the time, to research Title.

I learnt to review title in order to participate in court foreclosures. In that situation the other option is taking the property file (long!) to an attorney or land registrar to review, but the downside is if you do that you reveal your play, so there is more competition to buy property.

Originally posted by @Brian Ellis:

When you have mortgage forbearance, you wont see much of a change until that stops.

10% of homes are in forbearance right now, just to give you an idea. 

You have investors sitting on the sidelines waiting for prices to drop, and you have sellers who aren't giving in. So we are in a stalemate right now.

Keep in mind we had stricter guidelines after 2008, and banks are tightening up even more now. If you are on unemployment you cant even qualify to purchase (we all know how bad unemployment is right now). 

Given all the data, I can really only give speculation on my market. I do see opportunity for the smart investor, when forbearance is up then we will see the distressed properties start to pop up more. Because these are likely homeowners that have been on the fence long before the pandemic hit.  So likely more opportunity, just not cheaper opportunity like we saw 2009-2015. Besides that business as usual.

Time will tell, though!

Yeah, but the difference is sellers need to sell, or wish to sell, and buyers can sit on cash for a while and sharpen their axes in the meantime.

Originally posted by @Andrew Bissada:

I am wondering the same! Was originally thinking prices would drop because of the covid recession, but that has definitely not been the case where I live (Austin). I wonder what is expected for this winter?

 The reactions of the real estate market are always, by its own nature, slower than the reaction of the stock market, a delayed reaction to events depending mainly on unemployment, bankruptcies etc. So it can take maybe 9-12 months to have an accurate idea about how COVID impacts real estate prices.