Shielding real estate assets with solid wills during COVID-19 period


Posted On Aug 4 2020

Wills in business in COVID-19 era? Assuming you need a 20 percent down payment. The long-held belief that you must put 20 percent down payment is a myth. While a 20 percent down payment does help you avoid paying private mortgage insurance, many buyers today don’t want (or can’t) put down that much money. In fact, the median down payment on a home is 13 percent, according to the National Association of Realtors. How this affects you: Delaying your home purchase to save up 20 percent could take years, and you could limit cash flow that could be put to better use maximizing your retirement savings, adding to your emergency fund or paying down high-interest debt. What to do instead: Consider other mortgage options. You can put as little as 3 percent down for a conventional mortgage (note: you’ll pay mortgage insurance). Some government-insured loans require 3.5 percent down or zero down, in some cases. Plus, check with your local or state housing programs to see if you qualify for housing assistance programs designed for first-time buyers.

Many people make their home their personal sanctuary and decorate it with family photos, memorabilia, religious decor, personal keepsakes, among other items. You want to make sure to remove all of these items, pack them up, and put them in storage. A good way to do this is to pretend that you are moving out. De-personalizing your home is extremely important because the buyer wants to visualize your house as their own. It is difficult for a buyer to do so if all of your personal items appear as if you are marking your own territory.

Regardless of the means of meeting with clients for consultations or for signing of wills and powers of attorney, the underlying factors to ensure properly and professional prepared materials remain in place. All requirements to ensure capacity to make or revoke a will or a power of attorney remain. The need to be ever vigilant to ensure that there is no undue influence being exerted against the person making the will or power of attorney remains and is even more important for clients who are vulnerable and isolated due to self-isolation during the COVID-19 period. When the only contact is by way of a video call with the client, the need to ensure that only the client is in the room is even greater than during a face to face meeting, particularly when the client is not technically savvy and someone else has had to set up the call initially. See additional information on wills during Coronavirus.

Electronic signatures and counterpart documents are not permitted and all sessions should be recorded if possible. A special ‘attestation clause’ explaining that the Will has been witnessed virtually is advised and further guidance is expected to follow from professional bodies. This more convoluted and long-winded process carries more risk of the Will being ineffective, e.g. if the will-maker dies before the process has been fully completed. However a Will is signed, the basic formalities must still be observed, ie the will-maker must understand what they are doing and not be unduly influenced by anyone; witnesses should also have the requisite capacity and must not be beneficiaries or spouses/civil partners of a beneficiary. Professional advice should ideally be sought in all cases.

Start Investing: Investing is one of the best ways to increase your net worth, but a lot of people stay away from it because they’re scared of losing money. So instead of investing, they keep their money in a savings account. That’s great, and you should have some money in a savings account for emergencies, but the truth is: Money in a savings account loses value over time. See, the average savings account has a very tiny 0.06% APY (annual percentage yield), while inflation is around 1.7%. That means that each year, the money you have in a savings account is going to have less and less buying power. So, what can you invest in to stay ahead of inflation? Here are some options: Real estate, Peer-to-peer lending, Exchange traded funds (ETFs), Stocks.

We have seen lenders ask for, and borrowers agree to, enhanced information covenants, including the delivery of updated compliance certificates following a payment default by a tenant where the borrower is a landlord of a multi-let property. Some lenders are exercising their rights under loan agreements to block distributions to investors, thereby minimizing any leakage from the structure. Others are allowing for the release of funds to investors once the loan has been stabilized following an equity cure. For our Middle Eastern sponsor client base, release of distributions to their investors has been a key factor in re-negotiating the terms of their existing loan agreements. Having said that the practicalities of the current market has meant that in many cases there is very little (if any) cash available for distributions, even in the cases of stablised loans. Find more info on https://techbullion.com/wills-and-covid-19-safeguarding-your-assets-during-a-global-pandemic/.

Last Updated on: August 14th, 2020 at 12:33 pm, by


Written by Selymesi Tibor