02/20/2009 by Jim W Hildreth Real Estate Mediation Services
A California family purchased a mobile with land, 3 years ago. The mobile was pre-1976, the mobile was owner financed and the seller was willing to carry the paper for 4 years. The buyer has now discovered that conventional financing is unavailable do to the age, the note is due and payable. There is potential non-disclosure issues by the seller&broker.
A Oakland broker represented the buyer of a home and after close of escrow, the sewer system was in need of $12,000 in repairs. Did the seller disclose these facts?
Disputes do come up and in the past years one of the first calls was to a local attorney and often a suit was filed.
In California and including many states there is an alternative to disputes and it is Mediation.
Mediation is a voluntary process where the parties first meet and in a open dialog with a "Neutral" mediator.
The process is confidential and the value is that the parties can draft there own settlement vs a third party such as the courts.
Mediation is incouraged over litigation, it can be real time saver and the value is the dispute can be often settled.
Jim W Hildreth
http://www.RealEstateMediation.org
Friday, February 20, 2009
Thursday, February 19, 2009
Foreclosure Halt 02/19/2009
Lenders declare foreclosure halt
Fannie Mae, Freddie Mac, JPMorgan Chase & Co., Morgan Stanley, and Bank of America Corp. announced they are halting foreclosures through March 6, while President Obama works out the details of his housing plan. Citigroup said it will halt foreclosures until the administration has completed the details of the program or March 12, whichever is earlier.
The banks are suspending foreclosures on owner-occupied homes; Fannie Mae is suspending foreclosure sales and evictions for occupied properties; and Freddie Mac is suspending foreclosure sales and evictions on properties with up to four units
Fannie Mae, Freddie Mac, JPMorgan Chase & Co., Morgan Stanley, and Bank of America Corp. announced they are halting foreclosures through March 6, while President Obama works out the details of his housing plan. Citigroup said it will halt foreclosures until the administration has completed the details of the program or March 12, whichever is earlier.
The banks are suspending foreclosures on owner-occupied homes; Fannie Mae is suspending foreclosure sales and evictions for occupied properties; and Freddie Mac is suspending foreclosure sales and evictions on properties with up to four units
Friday, February 13, 2009
Amador County Association of Realtors
Jim W Hildreth Real Estate Mediator, gave a update to the Multiple Listing on disclosure forms as it applies to buyers and sellers and the real estate community.
Diclosures are important to the consumer and especially in communities with wells, septic systems, easements on upaved roadways.
The monthly meeting is held in Jackson, CA.
Diclosures are important to the consumer and especially in communities with wells, septic systems, easements on upaved roadways.
The monthly meeting is held in Jackson, CA.
Friday, February 6, 2009
Tuolumne County Courthouse
Sonora, CA The Tuolumne County Superior Court is in the discussion stages of implementing a new ADR Alternative Dispute Resolution Program.
Under consideration is the value of mediation in the schools, the police & sheriff deparments for civil matters and and in the courts with both small claims and civil matters.
Jim W Hildreth a Sonora based mediator is actively partispating in the dialog and with his experiences on being a member of other court panels as to the value of mediation with local conflicts and disputes.
Hildreths speciality are matters concerning real estate dsiputes.
Under consideration is the value of mediation in the schools, the police & sheriff deparments for civil matters and and in the courts with both small claims and civil matters.
Jim W Hildreth a Sonora based mediator is actively partispating in the dialog and with his experiences on being a member of other court panels as to the value of mediation with local conflicts and disputes.
Hildreths speciality are matters concerning real estate dsiputes.
Saturday, January 31, 2009
Sacramento Law Libary
Jim W Hildreth Real Estae Mediator had the opportunity to improve his mediation skills by attending the Sacramento County Public Law Library course on Alternatiive Dispute Resolution-Mediation & Settlement Conference Programs in the Sacramento Superior Court.
The course was taught by the Honorable Michael G Vigra, on January 30, 2009
The class outlined the history of ADR in the Sacarmento Superior Court and the value of Mediation on all unlimited cases.
The course will be valuable to Hildreth as he does Mediation as as a "Neutral" in the courts of Amador, Calaveras & Merced Counties along with private mediations.
His speciality are disputes involving real estate.
The course was taught by the Honorable Michael G Vigra, on January 30, 2009
The class outlined the history of ADR in the Sacarmento Superior Court and the value of Mediation on all unlimited cases.
The course will be valuable to Hildreth as he does Mediation as as a "Neutral" in the courts of Amador, Calaveras & Merced Counties along with private mediations.
His speciality are disputes involving real estate.
Thursday, December 25, 2008
Monday, December 22, 2008
UC Berkeley
Real Estate Disputes happen, but there is an alternative to litigation.
Non- disclosure issues, buyer seller disputes, agent disputes, construction defects, landlord, tenant issues are all challenges that may arise in a dispute.
In the past, the first reaction was to file a law suit and the old saying is than in litigation, the "Attorneys" are the winners.
For those who enter the legal system it can be time consuming, it is costly and can be stressful.
There is an alternative, which may be quicker, less expensive, private, confidential and its called mediation.
All California Association of Realtors (CAR) forms call out that in a dispute "Mediation" is built in as the first alternative in a dispute.
Mediation is a process in which two or more people involved in a dispute come together to try to find a fair and workable solution. They accomplish this through a mediator or a neutral third party who is trained in conflict resolution.
The homeowners came together to remodel a home, however their partnership dissolved during the remodel and the financial stress and emotions of a breakup were a major challenge.
The non-disclosure of past plumbing problems and the future cost of repair for the new homeowners vs a lawsuit.
Easement issues that prevented a future building site.
The non-disclosure by agents that the home had dual pane windows and the new buyer discovered they were only single pane windows.
The above issues were mediated and settled quickly and without long term litigation.
Use of mediation in resolving disputes is supported by the California Association of Realtors, many California Courts have a ADR program that can guide the parties to assist in resolving the real estate dispute.
Hildreth offers dispute resolution that is both cost effective, confidential and private and offers his service to the Bay Area, Central Valley & Mother Lode.
Hildreth also serves on multiple Superior Courts as a civil mediator
Jim W Hildreth, Real Estate Mediator
Real Estate Mediation Services
www.RealEstateMediation.org
(209) 536-1103
Non- disclosure issues, buyer seller disputes, agent disputes, construction defects, landlord, tenant issues are all challenges that may arise in a dispute.
In the past, the first reaction was to file a law suit and the old saying is than in litigation, the "Attorneys" are the winners.
For those who enter the legal system it can be time consuming, it is costly and can be stressful.
There is an alternative, which may be quicker, less expensive, private, confidential and its called mediation.
All California Association of Realtors (CAR) forms call out that in a dispute "Mediation" is built in as the first alternative in a dispute.
Mediation is a process in which two or more people involved in a dispute come together to try to find a fair and workable solution. They accomplish this through a mediator or a neutral third party who is trained in conflict resolution.
The homeowners came together to remodel a home, however their partnership dissolved during the remodel and the financial stress and emotions of a breakup were a major challenge.
The non-disclosure of past plumbing problems and the future cost of repair for the new homeowners vs a lawsuit.
Easement issues that prevented a future building site.
The non-disclosure by agents that the home had dual pane windows and the new buyer discovered they were only single pane windows.
The above issues were mediated and settled quickly and without long term litigation.
Use of mediation in resolving disputes is supported by the California Association of Realtors, many California Courts have a ADR program that can guide the parties to assist in resolving the real estate dispute.
Hildreth offers dispute resolution that is both cost effective, confidential and private and offers his service to the Bay Area, Central Valley & Mother Lode.
Hildreth also serves on multiple Superior Courts as a civil mediator
Jim W Hildreth, Real Estate Mediator
Real Estate Mediation Services
www.RealEstateMediation.org
(209) 536-1103
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