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Avoiding Mortgage Payout Penalties

How Mortgage Payment Penalties Work


What we find most surprising when dealing with Sellers is that they rarely know how a mortgage prepayment penalty works. Either it was never explained to them. By either the mortgage broker, their bank, or their lawyer. Or, they never took the time to understand this important factor of mortgage payout penalties, when they first mortgaged their property.

In today’s interest rate environment, our clients are seeing some very severe penalties. This is due to a little-known clause on prepayments. The mortgage penalty is  applied on the basis of the greater, of the payment of 3 months of mortgage interest. Or applied as the interest rate differential – the IRD.

Closed Mortgage

When you elect to have a closed mortgage there are limited prepayment privileges. Which range anywhere from 5% to 25% of the principal of the mortgage on an annual basis. Typically there is also the option to increase your mortgage payment by a maximum amount each year. If you go above these limits you will likely incur a mortgage penalty. We typically see mortgage penalties being incurred either from a sale or a refinancing of the property.

Interest Differential

Understanding 3 month interest is simple enough to do. However, the interest differential is a little more difficult and of greater concern. Essentially, this is the difference in the amount of interest you would be paying for between the balance of the term of your mortgage and the amount of interest you would be paying if the interest rate were equal to the bank’s current posted rate for the balance of that term.

Seems innocent enough, except for the fact that we have seen interest differential penalties in the tens of thousands of dollars. This can and will potentially affect your return on your property. In some cases has resulted in Sellers having to pay money in order to sell their properties.

What Can Be Done About Mortgage Penalties?

What can you do about mortgage penalties? First, understand what the mortgage penalties are for the mortgage product you are contemplating. Second, understand what your purpose of buying a property is. Are you intending to sell the property relatively soon or hold on to it for longer? Match your term and mortgage product to your intentions. Third, engage your banker or mortgage broker in a full and frank discussion of what your needs are and how prepayment costs can be minimized.

Maybe the best advice of all is to understand what your penalty might be BEFORE you decide to sell or refinance your home.

We can help you understand your mortgage payout penalties and whether or not you will have to pay a penalty. Don’t hesitate to get in touch before you sell or refinance your home. For any questions or concerns contact us today by emailing us at info@calgarylaw.com.


Article courtesy of LeClair Thibeault Barristers & Solicitors - www.calgarylaw.com

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Calgary Housing Market Outlook 2021 (RE/MAX)

Who’s Driving Demand for Calgary Real Estate?

Move-up buyers and first-time homebuyers are currently driving demand in the Calgary real estate market, which is expected to continue into 2021. The most popular property type among these buyers are single-detached homes.

First-time homebuyers in Calgary are typically single homebuyers and young couples, looking for single-detached homes. These properties range in price from $350,000 to $475,000. While first-time homebuyers were initially hesitant to buy, many have decided to purchase due to low interest rates.

Move-up buyers in the Calgary housing market are typically families who have been in their home for a number of years, and whose jobs haven’t been affected by COVID-19 or the economy. There has been no real hesitation from move-up buyers who are looking to purchase a new home due to the current climate in 2020. Many of those who are buying have gone through a 5-year recession and have jobs that have been unimpacted by COVID-19.

The condominium market in Calgary is most popular with single homebuyers and retirees/downsizers. The average price for a condominium in Calgary is $226,220. There is currently 7 months of supply for condominiums in Calgary, and this is not expected to improve in the next 1-2 years due to the large number of used properties, as well as lots of new construction.

Calgary’s luxury market is currently driven by move-up buyers with the average starting price for a luxury home in Calgary being $750,00. While COVID-19 has not directly impacted the luxury market in Calgary, it has impacted the economy, which is expected to be a long-term impact.


Calgary’s Hottest Neighbourhoods

Calgary’s top-selling neighbourhoods in 2020 were North Central, South Central and North West/Central West. North Central is popular due to its proximity to both the airport and downtown, which South Central is a newer area that is close to the hospitals. These neighbourhoods are expected to continue to be in-demand in 2021 because of their access to amenities and transit.

Calgary New-Home Construction

Calgary’s new-home construction sales are down currently, with many developers currently looking for land to build on. There was a project that was turned down a few months ago, as the developers did not want to take on more expenses due to COVID-19 and the current economy. The number of homes currently being built in Calgary is sufficient to meet the current demand, and new-home sale prices are very competitive compared to the resale market.

Canadian Housing Market in 2021

Canadians are on the move. RE/MAX isn’t calling this an “exodus,” but the re-location trend across the Canadian housing market is real, and it’s just one focus of the RE/MAX 2021 Housing Market Outlook Report. RE/MAX Canada anticipates healthy housing price growth at the national level, with move-up and move-over buyers continuing to drive activity in many regions across the Canadian housing market. An ongoing and widespread housing supply shortage is likely to continue, presenting challenges for homebuyers and putting upward pressure on prices.


- Read the RE/MAX Canadian Housing Market Outlook (2021) Here

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Sales Activity Remains Strong In November 2020

Calgary Real Estate Board November 2020 Statistics 


For the sixth month in a row, sales in the Calgary market recorded a year-over-year gain.

Sales growth over the past several months has been the strongest seen in the past five years, but the activity has not been strong enough to offset the pullbacks from the spring. Year-to-date sales remain over three percent lower than last year's levels.

New listings continue to slow, reducing inventory in the market. On a year-to-date basis, new listings have eased by nearly ten percent and are at the lowest level recorded since 2001. This has reduced the oversupply that has been impacting the market for nearly five years.

"The gains in sales in the latter part of this year have been a bit surprising considering the job losses and unemployment rate in our city," said CREB® chief economist Ann-Marie Lurie.

"However, it is important to note that the shift to more balanced conditions has been mostly driven by the reduction of supply."

Tighter conditions in the housing market have contributed to some of the recent gains in benchmark prices. As of November, the benchmark price was $423,600. This is nearly two percent higher than last year's levels.

However, conditions vary depending on price range. There is not a lot of supply for affordable homes in each product type because of high demand. This is likely causing differing price trends in the lower end of the market versus the higher end.

HOUSING MARKET FACTS

Detached

November sales activity improved across every district, contributing to a year-over-year citywide increase of 26 percent. Improving sales over the past six months have helped offset some of the pullbacks from earlier in the year, as year-to-date sales were only two percent lower than last year's levels.

Like other sectors, inventory in the detached market has also eased due to the sharp decline in new listings. This has kept the months of supply below three months for the past three months. The tighter market conditions are supporting price gains. As of November, the detached benchmark price improved by nearly three percent compared to last year for a total of $492,000. However, prices did not improve across all districts, as the City Centre continues to record prices that are one percent lower than last year's levels.

Activity for this product type does vary significantly depending on location and price range. The pullback in new listings relative to sales has caused significant reductions in inventory for homes priced below $500,000. Higher price ranges have also seen some declining inventory, but the degree of decline has not been as significant. In fact, the market is exhibiting sellers' market conditions for homes priced below $500,000, while still favouring the buyer for homes priced above $700,000.

Semi-Detached

Year-over-year gains in sales were met with slower new listings, resulting in inventory reductions and a month of supply of three months. While conditions are not as tight in the semi-detached market as they are in the detached market, the reductions in supply relative to demand were enough to support further monthly gains in the benchmark price.

As of November, the benchmark price was $395,100, which is one percent higher than last year's levels. Activity did vary depending on location, as price gains were the highest in the South East district, while prices remained just below last year's levels in the City Centre.

There have also been notable differences within this market depending on price range. The months of supply has declined significantly for product priced below $400,000. This decline is likely contributing to some of the differing price trends throughout the districts of the city.

Row

Year-over-year gains in the row sector continued in November and were enough to cause year-to-date sales to remain at levels similar to last year. Bucking the trend from other sectors, new listings rose compared to last year, easing some of the downward pressure on inventory levels. The months of supply stayed above four months, higher than levels seen in both the detached and semi-detached sectors, but a significant improvement from the nearly six months of supply recorded last November.

Row prices also showed signs of stabilizing, as November prices remained comparable to last year's levels. Despite some of the monthly gains, on a year-to-date basis, prices remain nearly two per cent lower than last year's levels and have eased across all districts except the City Centre, West and East.

Apartment Condominium

Following seven months of year-over-year declines, apartment condo sales improved over last year's levels. However, last November was an exceptionally weak month for apartment sales. Year-to-date apartment sales totalled 2,209, a 13 percent decline from last year and nearly 30 percent lower than longer-term averages.

New listings did ease slightly this month, placing some downward pressure on inventory that was missing earlier in the year. However, inventory remains higher than last year's levels and the months of supply is still elevated at nearly eight months. The oversupply in this market continues to place downward pressure on prices, which not only eased relative to last month, but remain one percent lower than last year's prices. The only district to see some positive momentum is the North, where prices rose slightly compared to last year.

REGIONAL MARKET FACTS

Airdrie

Sales continue to record strong gains in November as year-to-date sales reached 1,318, a 15 percent increase over last year. The rise in sales was also met with a pullback in new listings. This is causing further declines in inventory levels and is keeping the months of supply just over two months. This is the tightest months of supply figure recorded for November since 2014 where the months of supply was below two months.

Persistently low months of supply, especially in the detached sector of the market continue to place upward pressure on prices. In November, the benchmark price was $342,900, trending up over last month and over two percent above last year's levels.

Cochrane

For the sixth consecutive month, sales activity rose over last year's levels causing year-to-date sales to total 651. This is a 12 percent increase over last year. However, unlike other areas the level of new listings in Cochrane also rose. The months of supply rose to nearly four months. However, this is still relatively low for November as the town has typically averaged seven months over the past five years.

With generally tighter market conditions in the town, prices have trended up for the past six months. As of November, the benchmark price was $417,800 and is four percent higher than last year. Despite the recent gains, year-to-date figures remain nearly one percent below last year's levels.

Okotoks

Despite the decline in new listings, sales continued to improve causing further inventory declines. Inventory in November dropped to 95 units and is nearly half the levels we typically see this time of year. With a sale to new listings ratio above 100 percent and a months of supply of just over two months, this is one of the tightest Novembers recorded since 2014.

The general tightness in the market has been driven by the detached sector and is the only category that has seen year-over-year gains in prices. As of November, the detached benchmark price was $441,100, nearly two per cent higher than last November.

Click here to view the full City of Calgary monthly stats package.


- Posted by Calgary Real Estate Board

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The Risk & Rewards Of Buying A Foreclosure

Understanding The Ins & Outs Of Foreclosure/Judicial Sales

Often when we get calls from clients wanting information on buying a foreclosure, the background information they have is out of the US. In Canada, each province has its own set of rules and procedures and understanding how the process works in Alberta will help you decide whether the risk is worth the reward.

What Is The Difference Between A Foreclosure And A Judicial Sale?

There aren’t big differences in the end result of these two processes, but a Judicial Sale is a bit of a strange duck to be perfectly honest. In the case of a foreclosure, you are buying the property from the lender who has obtained title. In a Judicial Sale, technically, the original owner still has title but now the Court has imposed a sale process to secure a final sale that can compensate the lender whose mortgage is in arrears. The key point in a Judicial Sale is that right up to the last hour, the Owner has the right to do what is called “redeem” the mortgage – to bring in all the arrears and costs, etc. and if they do that the whole foreclosure process is halted. Any offers are put aside, and we are back at square #1.

The Risks Of Foreclosure Properties

When clients consider purchasing a foreclosure property they receive a draft offer from the Listing Realtor that looks very different. There are large parts of the standard contract crossed out because either the Court or the lender will not give the standard warranties that a Seller has to give – that is because they have never truly owned or resided at the Property – they are simply there to facilitate the foreclosure process. That means there are risks for you as a Buyer which include:

1. You must conduct your own due diligence and be thorough about it;
2. The Property might have serious compliance issues
3. There might be serious hidden defects in the Property;

4. There may have been criminal activities in the Property that render it uninhabitable;
5. The appliances may not operate or even be in the Property;
6. The Owner may have sabotaged the Property on purpose;

7. There may not be permits in place for development;
8. The Property may be further damaged between the time of your Offer and the closing; and
9. The endless list of other potential issues.

Can You Avoid the Risks?

As a Buyer you are very limited in your ability to avoid all of the risks of a foreclosure, but you can certainly minimize them. Amongst the things you can do include:

1. Reviewing the title with your lawyer;
2. Complete as many inspections as you can or are permitted;
3. Confirm whether the owner is still in possession or is the property tenanted;
4. Contact the City to determine if there have been any permits applied for and whether they are completed;

5. On closing, ask your lawyer to obtain title insurance for you;
6. Make sure your Realtor is well aware of the foreclosure process;
7. Employ legal help sooner than later; and
8. Don’t assume you have any protections whatsoever. This is a dangerous pitfall that can cause your nothing but harm


Understanding the Ins and Outs of buying a foreclosure/Judicial Sales is where we can step in and help you out. Don’t hesitate to contact us for assistance and advice. Understanding your risks right at the start can make this an option for purchasing that you wouldn’t consider otherwise. Call us at 403 245 3500 or email us at info@calgarylaw.com


Article courtesy of LeClair Thibeault Barristers & Solicitors - www.calgarylaw.com

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