Steps to Take When A Neighbor's Tree Threatens Your Home

Your neighbor's tree looks like it's going to fall on your house. Here are three steps of what you should do: 

1.  Talk to your neighbor.  Landowners are responsible for inspecting and maintaining the trees on their property. If your neighbor does not remove the dangerous tree, and the tree does in fact cause damage, your neighbor can be held liable. If you have spoken to your neighbor about the tree issue, and he has not done anything about it you do have laws that protect you.

2.  Call the electric company and/or the city.  Most cities have ordinances prohibiting property owners from keeping dangerous conditions on their property. If you call your municipality, they may remove the tree themselves or order your neighbor to do it. Utility companies may also have an interest in the tree's removal if the tree's condition threatens any of its equipment. A simple call to a utility company may prompt them to remove the tree themselves.

3.  Take the neighbor to court.  You can file a nuisance claim.  The tree may constitute a nuisance, by interfering with your use and enjoyment of your own property. You could file a nuisance claim, and if the court finds that the true is a nuisance, the court may order the tree removed. Hopefully, you will not have to go that far. 

Ken Jorgensen, California Attorney
www.fresnolawgroup.com

Painted Floors in the Victorian Home

Late 19th century card of sample
floor colors from the New England
Paint Company

Painted floors were common across the country during the 19th century. Durable floor paints would seal soft pine flooring making them less liable to stain and easier to clean.  An 1850 edition of Miss Leslie's Lady's House Book recommends cleaning heavily soiled, common pine floors using:
        

   "an old tin pan with some gray sand in it; and after soaping the brush, rub on it some sand also."

Abrasive sand or pumice could remove stains but would also erode the soft, unpainted floor boards. Since painted and sealed floors would not absorb grease or stains, they could be easily cleaned by wiping or gently brushing with warm soapy water. 

Commercial, ready-made floor paints were made durable and glossy by the addition of resins that were otherwise used to make varnishes. These resins, including copal and colophony, were soluble in boiled linseed oil and were added to oil paint when it was mixed to provided the hard, glossy coat.  Painters and homeowners also used regular, home-mixed oil paint and then applied a protective topcoat of varnish.  Alvin Wood Chase's 1890 receipt book (or recipe book as we say today) Dr. Chase's third, last and complete receipt book and household physician suggests: 

"Paint the whole floor with a mixture of much boiled oil and little ochre for the first coat: then after it is well dried, give two more coats of much ochre and little oil; and finally finish with a coat of first-rate copal varnish.  It is extremely durable for floors, windows, or outside, such as verandas, porticoes and the like." 

Painted bedroom floors from the 1855
Folsom House, Taylor's Falls, MN.

The Folsom House, an 1855 Greek Revival home in Taylor's Falls, MN, an early Minnesota lumbering town, features floors painted in a common, blue-gray and  a yellow ochre like that in Chase's recipe above.   

Close-up of Folsom House floor
stenciling.

Stenciling was a popular way to decorate painted floors to make them resemble expensive carpets or marble. Stenciled patterns often featured repeating floral or geometric patterns and sometimes included contrasting borders around walls which mimicked carpet borders. Stencils were made from tin sheets which had designs cut out with punches or shears. The stencils were laid on the floor and the paint brushed on leaving the painted pattern on the floor. The process was repeated until the floor was covered with the pattern.   The Folsom House has a few remnants of a repeating, bottle green floral design at the top of the stairway. Examples of  floor stenciling are rather uncommon today as they were often obliterated by foot traffic, removed when painted floors went out of fashion or destroyed when linoleum or carpet was installed. 

The Folsom House is located in Taylor's Falls, MN (about 40 minutes northeast of the Twin Cities Metro) and can be visited between Memorial Day weekend and September, Friday through Sunday between 1 and 4 and on holidays between 1 and 4.

New Bern Home Sales-Aug.12-Aug.18

Weekly Update-Home Sales for New Bern-Craven County Market

There are currently 1099 homes for sale in Craven County.

In the past week, 16 homes closed in Craven County. (week ending 8/18/13)

$65,000.00-$100,000=4 sales.   In this price range there are 172 homes for sale!

$100,001-$150,000=5 sales.   In this price range there are 235 homes for sale!

$150,001-$200,000=3 sales.   In this price range there are 260 homes for sale!

$200,001-$250,000=3 sale.   In this price range there are 160 homes for sale!

$250,000-$300,000=1 Sales.   In this price range there are 69 homes for sale! 

$300,001-$1,000,000=0 Sales. In this price range there are 203 homes for sale!  

             

Of the sales in the past week, 3 were waterfront homes. They were all low end townhomes. They sold for $85,000. $88,500, $122,000.

Of the 16 sales this past week 1 was a Bank Owned properties. 

There were no waterfront lots sold in the past week.

There were 1 interior lot sold last week.

There were 0 commercial buildings or lots sold in the past week. 

Here is how the sales this week compare to sales for the same week in prior years.

2013=16 sales

2012=23 sales

2011=22 sales

2010=18 sales

2009=21 sales

As you can see from these numbers, sales in 2013 during the past week were less than any of the previous 4 years. I am not sure why this is the case, but  I will speculate that it is because the economy is still weak in many parts of the country and unemployment remains high.

What is a Deed of Trust?

A "deed of trust" can be a confusing term because there are "grant deeds", "quit claim deeds", "warranty deeds", etc. 

A deed of trust is simply the legal document that a lender has you sign to secure its loan with you to purchase real property.  More specifically, when you borrow money you will sign a promissory note.  The promissory note says that the lender promises to lend money and you agree to pay the lender back.  If you do not pay the lender back, the deed of trust says that it can sell your house in order to get repaid.  In other words, they can foreclose on the house. 

Thus, at the time you borrow money to purchase a home, the title company will likely record a "grant deed" -- giving you title to the house -- along with a "deed of trust" -- securing the lender's promise to loan you money.

A deed of trust usually has three parties: 1) the "trustor", who is you, the person who owns the property.  2) the "trustee", a third party person or entitly who is granted power to foreclose and reconvey the promissory note; and 3) a "beneficiary", which is the lender who loaned money to purchase the property. 

Ken Jorgensen, California Attorney
www.fresnolawgroup.com


Photo credit: http://www.flickr.com/photos/alancleaver/

New Bern-Craven County Home Sales Year to Date

So, how are home sales in New Bern and Craven County year to date? Let's take a look and see. 

Jan. 1- Aug.14 2013=683. Of these 132 were Bank Owned sales.

Jan. 1- Aug.14 2012=615. Of these 71 were Bank Owned sales.

Jan. 1- Aug.14 2011=612. Of these 94 were Bank Owned sales.

Jan. 1- Aug.14 2010=651. Of these 63 were Bank Owned sales.

Jan. 1- Aug.14 2009=622. Of these 94 were Bank Owned sales.

Although the total number of home sales are up this year, they are up by almost the same number as the increase in foreclosures.

The national media reports of big increases in home sales is true in certain markets. These market are by and large areas such as Raleigh, Dallas, Austin, Denver, and some cities on the west coast. Florida, Nevada, CA., and Arizona are showing improvements but you have to remember, they had no where to go but up. Also, some of these markets were declining 1-2 years before the New Bern Market.

As I have been saying for some time, I feel like in New Bern we are at or near the bottom of the market. Don't get your real estate info from the national news, get it from my blog where I will keep you up to date with accurate local real estate news.

If you have any questions about this info or would like more info on home sales in the New Bern area visit my website  www.newbern-nc.info

Best regards,

New Bern Home Sales-8-5-8-11

Weekly Update-Home Sales for New Bern-Craven County Market

There are currently 1094 homes for sale in Craven County.

In the past week, 11 homes closed in Craven County. (week ending 8/11/13)

$8000.00-$100,000=3 sales.   In this price range there are 167 homes for sale!

$100,001-$150,000=4 sales.   In this price range there are 231 homes for sale!

$150,001-$200,000=3 sales.   In this price range there are 269 homes for sale!

$200,001-$250,000=1 sale.   In this price range there are 163 homes for sale!

$250,000-$300,000=0 Sales.   In this price range there are 65 homes for sale! 

$300,001-$1,000,000=0 Sales. In this price range there are 193 homes for sale!               

Of the sales in the past week none were waterfront homes. 

Of the 11 sales this past week none were Bank Owned properties. This was a refreshing change.

There were no waterfront lots sold in the past week.

There were 0 interior lot sold last week.

There were 0 commercial,buildings or lots, sales in the past week. 

Here is how the sales this week compare to sales for the same week in prior years.

2013=13 sales

2012=19 sales

2011=16 sales

2010=13 sales

2009=13 sales

As you can see from these numbers, there are more sellers than buyers and this drives up the days on the market.

Surprise! Discovering Liens In Escrow

What happens when you discover that a property you are selling shows an unknown lien in the preliminary title report?  The first reaction is usually a violent tirade of expletives and the fact finding.  After the shock, here are some possible steps.

Step 1: You should promptly disclose the lien to the buyer and inform them that you just discovered the lien. You may be able to salvage the deal.  Sometimes the lien is not an issue.  Sometimes there will need to be a price adjustment.  Sometimes, you will likely need to mutually cancel the transaction and refund the deposit.  WARNING!!! Do not unilaterally cancel the agreement without consulting with a lawyer about what legal consequences that might have for you and (b) conceal the lien from the buyer while proceeding with the sale.

Step 2:  Explore the basis of the lien.  If the lien was from a prior owner, you may have a claim against the prior owner if the owner misrepresented or concealed the lien from you and if you could not have discovered the lien with reasonable diligence. That claim may still be viable depending on the length of time that has passed since you bought the property from the friend and whether you could have discovered the lien, etc.

Step 3: Explore the lien issue with the title company that insured the transaction when you purchased the property.  The lien could be covered by the insurance company if it could have been disclosed in a preliminary title report but was not.

Disclaimer: If you find yourself in this type of situation, you should consult with a lawyer to obtain proper and fully informed advice based on all of the facts. The foregoing is not intended to constitute such advice or create an attorney-client relationship.    

Ken Jorgensen, California Attorney
www.fresnolawgroup.com

 Photo Credit: http://www.flickr.com/photos/crazbabe21/

New Bern Home Sales

Weekly Update-Home Sales for New Bern-Craven County Market

There are currently 1073 homes for sale in Craven County.

In the past week, 28 homes closed in Craven County. (week ending 8/4/13)

$8000.00-$100,000=8 sales.   In this price range there are205 homes for sale!

$100,001-$150,000=2 sales.   In this price range there are221 homes for sale!

$150,001-$200,000=7 sales.   In this price range there are264 homes for sale!

$200,001-$255,000=3 sales.   In this price range there are 160 homes for sale!

$250,000-$300,000=2 Sales.   In this price range there are 83 homes for sale! 

$300,001-$600,000=6 Sales.   In this price range there are 153 homes for sale!               

Three of the sales in the past week were waterfront homes. Keller Williams sold 2 of the 3. One was in the Historic District.

3 of the 28 sales this week were Bank Owned properties. 

There were no waterfront lots sold in the past week.

There was 1 interior lot sold last week in Carolina Colours.

There were no commercial sales in the past week.

Here is how the sales this week compare to sales for the same week in prior years.

2012=31 sales

2011=22 sales

2010=17 sales

2009=44 sales

Although it remains a buyers market this past week was certainly encouraging when you compared it to the past few weeks.