12/16/2015

Mortgage Credit Report

Mortgage details and things I'm seeing regarding credit:

Forgiveness of debt in a modification is treated the same as short sale.
Wait is four years for conventional loans and three for FHA


Mortgage Credit reports should be read and interpreted by an expert. The lady in the credit union that takes your papers to be processed for a loan can misinterpret or miss read. It is vital to view a mortgage credit report on day one  with regards to derogatory credit events and the proper calculation for seasoning.

·      Fannie Mae only – The foreclosure seasoning can be reduced from 7 years to 4 years if the property is surrendered in the Chapter 7 bankruptcy.  Make sure the property is listed on the Chapter 7 form Debtor’s Statement of Intention and marked as surrendered.  This reduced seasoning does not apply for foreclosures that
occurred prior to the filing of the bankruptcy in which only an unsecured deficiency balance is listed in the bankruptcy.


·         All loan types – A HELOC settled for less than full balance can occur even if there is no short sale or foreclosure.  Lien Holders can be approached with a request to reduce the balance, or the Lien Holder may initiate the settlement.  Determine the property address associated with the HELOC or 2nd mortgage. Even if the borrower still owns the property, sufficient seasoning will be required as the lender has taken a aloss.  This would be considered a pre-foreclosure situation requiring 4 year seasoing for Fannie or Freddie, 3 year seasoning for FHA or USDA, and 2 year seasoning for VA, from the date of the settlement/foregiveness.



11/27/2015

Grateful At Home








I hope you are enjoying the holiday weekend!

My son is home from college and I am
blessed this year.

Grateful for being able to help you
with closing your mortgage loan.

I'm available over the weekend for
questions, just whistle.

Let's get you into your happy home.

C G
(949) 784-9600

11/13/2015

95% Jumbo Mortgage


Up till now the required  minimum down payment on high balance loans was 10%. Starting next month we will only require 5% down on these types mortgages. Read below for all revisions.

As a direct lender with all operations in-house we can close these type loans in 30 days.

We have what it takes!


This summary is great news. This is not a commitment to lend or give you a 95% Jumbo conventional high balance loan for California counties that the high balance 
loan limit is $625,500.00
Other counties such as Riverside the loan amount is lower. 
See below for dollar amounts. 
These dollar amounts do change annually.
 All criteria are subject to the formal terms and conditions 
of the Fannie Mae Selling Guide. 

High-Balance Loans: Policy Update Summary
Effective with the implementation of Desktop Underwriter® (DU®) 

Fannie Mae will update the eligibility requirements for high-balance mortgage loans as follows 
for details and the high-balance product matrix more information will be released
 Removed: Overlays requiring a 5% minimum borrower contribution from borrower’s own funds; an appraisal field review for loans of more than $625,000 and a loan to value or combined loan to value ( LTV CLTV) above 80%; and the appraisal to have two comparable sales from outside the subject project when loan is secured by a condominium unit.
 Aligned: Maximum LTV/CLTV/HCLTV ratios for borrowers with 5−10 financed properties aligned with the requirements for loans subject to the general loan limits.
 Retained: An appraisal field review is required for properties valued at $1 million or more with an LTV/CLTV/HCLTV above 75%; and all borrowers must have traditional credit to qualify.
 New: High-balance loans must be underwritten through DU.
 Updated: Eligibility ratios as shown in the table.
Property Type
Maximum Loan-to-Value (LTV) Ratio for High-Balance Loans
NEW Effective December 12, 2015
Before Update
Purchase Transaction
1-unit principal residence
FRM: 95%; ARM: 90%
FRM: 90%; ARM: 75%
2-unit principal residence
FRM: 85%; ARM: 75%
FRM: 75%; ARM: 65%
3- to 4-unit principal residence
FRM: 75%; ARM: 65%
Second Home
FRM: 90%; ARM: 80%
FRM/ARM: 65%
1-unit investment
FRM: 85%; ARM: 75%
2- to 4-unit investment
FRM: 75%; ARM: 65%
Limited Cash-Out Refinance Transaction
1-unit principal residence
FRM: 95%; ARM: 90%
FRM:90%; ARM: 75%
2-unit principal residence
FRM: 85%; ARM: 75%
FRM: 75%; ARM: 65%
3-4-unit principal residence
FRM: 75%; ARM: 65%
Second Home
FRM: 90%; ARM: 80%
FRM/ARM: 65%
1-unit investment
FRM: 75%; ARM: 65%
2-4-unit investment
Cash-Out Refinance Transaction
1-unit principal residence
FRM: 80%; ARM: 75%
FRM/ARM: 60%
2- to 4-unit principal residence
FRM: 75%; ARM: 65%
Not available
Second Home
1-unit investment
2- to 4-unit investment
FRM: 70%; ARM: 60%

Counties that increased loan limit in 2015 

Monterey County CA SALINAS, CA  $                 483,000  $            502,550  $      19,550
Napa County CA NAPA, CA  $                 592,250  $            615,250  $      23,000
San Diego County CA SAN DIEGO-CARLSBAD, CA  $                 546,250  $            562,350  $      16,100


County Name
One-Unit Limit
Two-Unit Limit
Three-Unit Limit
Four-Unit Limit


ALAMEDA
$729,750
$934,200
$1,129,250
$1,403,400

ALPINE
$547,500
$700,900
$847,200
$1,052,900

AMADOR
$443,750
$568,050
$686,650
$853,350

BUTTE
$417,000
$533,850
$645,300
$801,950

CALAVERAS
$462,500
$592,050
$715,700
$889,450

COLUSA
$417,000
$533,850
$645,300
$801,950

CONTRA COSTA
$729,750
$934,200
$1,129,250
$1,403,400

DEL NORTE
$417,000
$533,850
$645,300
$801,950

EL DORADO
$580,000
$742,500
$897,500
$1,115,400

FRESNO
$417,000
$533,850
$645,300
$801,950

GLENN
$417,000
$533,850
$645,300
$801,950

HUMBOLDT
$417,000
$533,850
$645,300
$801,950

IMPERIAL
$417,000
$533,850
$645,300
$801,950

INYO
$437,500
$560,050
$677,000
$841,350

KERN
$417,000
$533,850
$645,300
$801,950

KINGS
$417,000
$533,850
$645,300
$801,950

LAKE
$417,000
$533,850
$645,300
$801,950

LASSEN
$417,000
$533,850
$645,300
$801,950

LOS ANGELES
$729,750
$934,200
$1,129,250
$1,403,400

MADERA
$425,000
$544,050
$657,650
$817,300

MARIN
$729,750
$934,200
$1,129,250
$1,403,400

MARIPOSA
$417,000
$533,850
$645,300
$801,950

MENDOCINO
$512,500
$656,100
$793,050
$985,600

MERCED
$472,500
$604,900
$731,150
$908,650

MODOC
$417,000
$533,850
$645,300
$801,950

MONO
$529,000
$677,200
$818,600
$1,017,300

MONTEREY
$729,750
$934,200
$1,129,250
$1,403,400

NAPA
$729,750
$934,200
$1,129,250
$1,403,400

NEVADA
$562,500
$720,100
$870,450
$1,081,750

ORANGE
$729,750
$934,200
$1,129,250
$1,403,400

PLACER
$580,000
$742,500
$897,500
$1,115,400

PLUMAS
$417,000
$533,850
$645,300
$801,950

RIVERSIDE
$500,000
$640,100
$773,700
$961,550

SACRAMENTO
$580,000
$742,500
$897,500
$1,115,400

SAN BENITO
$729,750
$934,200
$1,129,250
$1,403,400

SAN BERNARDINO
$500,000
$640,100
$773,700
$961,550

SAN DIEGO
$697,500
$892,950
$1,079,350
$1,341,350

SAN FRANCISCO
$729,750
$934,200
$1,129,250
$1,403,400

SAN JOAQUIN
$488,750
$625,700
$756,300
$939,900

SAN LUIS OBISPO
$687,500
$880,100
$1,063,850
$1,322,150

SAN MATEO
$729,750
$934,200
$1,129,250
$1,403,400

SANTA BARBARA
$729,750
$934,200
$1,129,250
$1,403,400

SANTA CLARA
$729,750
$934,200
$1,129,250
$1,403,400

SANTA CRUZ
$729,750
$934,200
$1,129,250
$1,403,400

SHASTA
$423,750
$542,450
$655,700
$814,900

SIERRA
$417,000
$533,850
$645,300
$801,950

SISKIYOU
$417,000
$533,850
$645,300
$801,950

SOLANO
$557,500
$713,700
$862,700
$1,072,150

SONOMA
$662,500
$848,100
$1,025,200
$1,274,050

STANISLAUS
$423,750
$542,450
$655,700
$814,900

SUTTER
$425,000
$544,050
$657,650
$817,300

TEHAMA
$417,000
$533,850
$645,300
$801,950

TRINITY
$417,000
$533,850
$645,300
$801,950

TULARE
$417,000
$533,850
$645,300
$801,950

TUOLUMNE
$437,500
$560,050
$677,000
$841,350

VENTURA
$729,750
$934,200
$1,129,250
$1,403,400

YOLO
$580,000
$742,500
$897,500
$1,115,400

YUBA
$425,000
$544,050
$657,650
$817,300 

11/11/2015

Chase Mortgage Cough



This morning I spoke at Laguna Board of Realtors Preview Meeting. A question was raised about if lenders and Underwriters are being harder on files. I answered that it is not Underwriters is is the policy of the given secondary source. Fannie Mae and Freddie Mac are maintaining cautious and careful rules. A few minor conditions have been loosened as we get farther away from the crash but I said one particular broker banker correspondant source has become more picky and more bitter coffee to deal with and that is J P Morgan Chase.

Chase is of the new habit of pricing very cheap and turning down loans after they have been shipped.
Sometimes the reasons are so small minded it appears they are cherry picking after the fact. Today Chase came out with a memo perhaps to make excuses for this recent dump on wholesale providers.
Here's the list of reasons Chase says they are giving back funded loans (these are all Jumbo not conforming not high balance mortgage types). This list you will note does not include some of the cough cough reasons they really dumped back loans to banker / brokers


Note: Information is valid as of 9/14/15 and is subject to change.

Overview Based on loans recently reviewed by our Non-Agency Underwriters, we have developed
these best practices which can help manage your pipeline and drive down suspense rates
when submitting Non-Agency loans to Chase.
Best Practices for Collateral
Initial Collateral Review: Attached your 1st Gen/xml file to Appraisal Data/1st Gen upload in
ChaseLoanManager.
Revised appraisals associated with collateral conditions must be uploaded in ChaseLoanManager > Image
Delivery as:
 UW Conditions for non-delegated
 Funding Conditions for delegated
Non-Delegated Delegated
 Include comparison of PUD common elements
and amenities with competing developments
 Identify and describe common elements
appropriately
 Ensure Appraiser provides appropriate comments
reflecting reasoning for adjustments
 Ensure Appraiser reconciles indicated values of
the comparable sales and explains weighting and
rational to derive the final value conclusion
 Provide a complete 1004D with photos
 Document reasoning when there is a meaningful
discrepancy between public record data and
Appraiser reported information for subject or
comps
 Include all required comp photos
 Use of MLS photos is discouraged unless a
satisfactory explanation is provided
 Appraiser must comment on using any
comparable sale that’s more than 6 months old
 Do not provide comparable sales that are dissimilar
to subject property without detailed
discussion
 Provide a complete 1004D with photos
 Include comparison of PUD common elements
and amenities with competing developments
 Identify and describe common elements
appropriately
 Ensure Appraiser reconciles indicated values of
the comparable sales and explains weighting and
rational to derive the final value conclusion
 Include all Appraisal Data
 Ensure Appraiser provides appropriate comments
reflecting reasoning for adjustments
 Appraiser to comment on using any comparable
sale that’s more than 6 months old
 Document reasoning when there is a meaningful
discrepancy between public record data and
Appraiser reported information
 New PUD/Project: A comparable sale must come
from within the subject’s subdivision or condo
project
Top Underwriting Conditions
When reviewing a loan, Chase Underwriters encounter missing or deficiencies in documentation related to:
 Profit and Loss Statement and Balance
Sheet is missing
 Source of Funds for Large Deposits
 12-month Housing History
 HELOC Closures
 Credit Inquiry LOE
 K-1s / Business Returns
 VOE with Variable Income (bonus,
commission, OT, etc.)
 Current, Legally Enforceable Lease
Agreements
 Bank Statement Debts Not Addressed
 Payroll Loans/Deductions not included in
DTI and evidence fully secured is absent
CORRESPONDENT LENDING
Non-Agency Loans
Note: Information is valid as of 9/14/15 and is subject to change.
Non-Agency Best Practices - Final 100515.docx Page 2 of 2
Best Practices
Top Denial Reasons
The top reasons for a loan being denied by Chase are as follows:
HELOCS (Subject and
REO)
If a HELOC can still be drawn upon (open end), which includes HELOCs that
are frozen (since the freeze could be lifted by the creditor), the payment used in
the DTI calculation is the higher of:
 Payment shown on credit report (or obtained from documentation from the
creditor), or
 1% of the full line amount
Self Employed
Debts Payable < 1 Year
Mortgages, Notes and Bonds payable in less than one year must be deducted
from the self-employed income by the amount of the debt, regardless if the
business has sufficient assets to cover the debt or the debt has a history of
rolling over.
DTI  Bonus income < 2 years
 Ineligible add backs to business income (NOL, amortization, home office)
 Declining income reflected on YTD P&Ls
 Personal debt not included in liabilities due to evidence other party pays or <
10 months remain
 2106 expenses not deducted from income
Self Employed < 2
Years
Self-employed borrowers should exhibit the following stability standards:
 Minimum of two years operating the same business
 Minimum of two years operating each additional business used to qualify
 Potential for maintaining continuous operation of business and income
 Documented ability to meet current and future obligations when income is
fluctuating
 Independent verification, prior to closing, that the borrower is self-employed
 Provide a 24 month history of self-employment, regardless of work history
 Minimum of 12 months self-employment, reflected on tax returns
o If tax returns do not reflect the complete 24 month period (due to
timing), then P&L and balance sheet must be provided covering the
remaining period
Student Loan Payments  All student loans must be included in the debt ratio regardless of deferment
status or number of payments remaining
 If payment amount can be verified by credit report or by student loan lender
documentation supplied by the borrower, then use the greater of 1% of the
outstanding balance or actual payment
 If payment amount cannot be documented, then use payment based on 1%
of the outstanding balance

11/09/2015

1 Year After Bankruptcy Jumbo Loan

Seeing Our Customers Home Again

The Light is what guides you Home.
The warmth is what keeps you there.

Our new Home Again program is a great option
 to help borrowers who may have a
few bumps and bruises on their credit.

 


Highlights
•Fixed and ARM (Adjustable Rate Mortgage) options
•No prepayment penalty
•Gifts allowed from family members or
relative only toward down payment or closing
 (Borrowers must have 5% of purchase price.
Program available for purchase only.)
•Gift of equity from seller
•85% LTV (first time home buyers eligible)
•12 month seasoning period required
 after major derogatory event
(e.g., bankruptcy, foreclosure, deed in lieu of foreclosure or short sale)
•Primary residence only
Call for Jumbo terms
Call today for additional information about this great new program.
We offer complimentary mortgage reviews and preapprovals!

C G Barbeau  Caroline Gerardo NMLS: 324982, CA #CA-DBO324982

Senior Loan Officer Eagle Home Mortgage
Office: 949-784-9699 Fax: 855-833-4303
Contact Me My Website http://eaglehomemortgage.com/carolinegerardo/


Universal American Mortgage Company of California, dba Eagle Home Mortgage of California. Licensed by the Department of Business Oversight under the California Residential Mortgage Lending Act. RMLA #4130383, NMLS #252392, Branch NMLS #849059, CA #813I609, NV #3244. Certain restrictions apply.
This is not a commitment to lend.
 Applicants must qualify.
Equal Housing Lender
This message was sent from Caroline Gerardo to as a result of an existing business relationship.
  It was sent from:
Eagle Home Mortgage, a Lennar Homes Company
100 Spectrum Center Drive Suite 500 Irvine CA 92618

11/04/2015

Sleep Easy in Your Home


We close loans that banks won't touch
Sleep easy
Here's the tips and tricks for today' s mortgage loans 


FANNIE’S AGENCY CONFORMING PROGRAM

v  There are no minimum number of trade lines required  with DU approval.
v  Ratios are per DU
v  You can pay off debt to qualify and do not need to close the account to exclude payment from debt to income ratio
v  One time thirty day mortgage late is allowed with letter of explanation from borrower
v  Fannie will accept a “Legal Separation Agreement” in lieu of a final Divorce Decree

v  Flips (less than 90 days) allowed if Field Review supports appraised value
v  When purchasing a investment property use the market rent from the 1007 for rental income; no other documentation is required
v  Seller carry back is allowed
v  A two year land lord history is not required but if the borrower does not have a history of receiving rental income they must have a current mortgage history.
v  Fannie no longer requires there to be 30% equity in the home when converting a primary residence to non owner occupied and using rental income towards qualifying



** Most major banking lenders will still have many overlays in place excluding borrowers from these loan programs. I can close home loans that Wells Fargo, Chase and other banks deny.
Banks turn down residential mortgages that  we close. 
I have an new deal from Bank of America due to not having 2 years landlord history!


Apply now !



11/03/2015

Thinking Out of the Box

Cardboard Box house

A bitter sweet story.
My sister and her family had a flood. They live in Orange County in a home that is worth a million dollars. Actually it was worse than a flood the tankless water heater continued to spray boiling water in her home through a faulty Home Depot made in China plumbing part. She was on vacation and we were watching her pets. Daughter went to the house and initially thought smoke was coming out of the seams of the windows, but it was steam...
Total loss of contents. It's been months rebuilding. They lost an antique bedroom set that I gave her. The set was gorgeous oak made in 1880 and destroyed like most of her house.
My brother in law is a fireman, well retired fire fighter, a real good guy. Sister who is a first grade teacher has been having melt downs because they are in the house with everything a mess. Here's what her hubby build for temporary to keep her organized-
Cardboard box dresser, cardboard box night stands, and yes even vanity.
I am sharing with you a spirit of overcoming adversity with humor and creativity.
Keep your eye on simple solutions and re-use what's at hand.
We pray the insurance company treats them fairly.

11/02/2015

Bad News For HERO and PACE Programs

HERO PACE PROGRAMS IMPORTANT INFORMATION Energy Efficient Improvements What they failed to tell you...


First and foremost, FNMA, FHLMC, nor FHA will not allow these programs to remain on the title policy.  Nor will they allow to subordinate. The subordination they provide does not clear title. These programs cloud title and act like property tax bills in first position

Property owners may not be aware they can't refinance or sell with this on title
Even for a refinance, borrower might not understand the contract with this program.

As an  example of how they appear on the preliminary title report:

Assessments and other matters for the Western Riverside Council of Governments as contained
in a document entitled "Payment of Contractual Assessment Required" and/or "Notice of
Assessment" (California Hero Program), recorded March 11, 2014 , as Document No.
2014000089985 of Official Records.


The HERO and PACE programs were a great thing to reduce energy costs but they stick the property owner with a big mess When the HERO program shows on the prelim it is recorded just as the County Tax Assessor as first in line. They are a cloud on the title.

HERO – “Home Energy Renovation Opportunity” Also known as PACE “Property Assessed Clean Energy”.

These are programs offered by localities to finance residential energy improvements with loans that are generally repaid through the homeowner’s real estate tax bill.

Since they are part of the property tax bill, they remain in first position.  I spoke to FNMA today about this program and HERO’s willingness to subordinate the loan.  FNMA said that their subordination agreement is a “limited” subordination in that they are promising not to foreclosure, but since it is included in the property taxes, they remain in first position and therefore FNMA will not purchase mortgages with the HERO, or PACE (as they call it).  The borrower will need to do a cash out refinance And pay off the HERO.

Fannie Mae and Freddie Mac will NOT allow subordination agreements, they must be paid off in full to have clean title FNMA and FHLMC guides. There is a provision for PACE loans taken out prior to 7/6/10.  If you run into one of these, I would contact Loan Support for guidance.  There have been several conversations with FHA as well and they will not accept.  They too would require a cash out refinance. And pay the debt off at closing the mortgage loan.
Those people who got these programs to insulate, add energy efficient windows or solar from "government" or "county" programs usually have no idea this is a problem.
My Eagle Home Mortgage Website
Books by C G

10/30/2015

Mortgage Application

Mortgage Application online step by step description how to begin.
Apply for your FHA, VA, USDA, Jumbo, Conventional Mortgage Loan from your home or office.
Video shows easy link to
http://eaglehomemortgage.com/carolinegerardo/  apply now

We have an amazing number of mortgage products for you.
Perfect credit, a year after foreclosure, foreign national, Super Jumbo
we have it all.
Call C G from 7:00 AM to 7:00 PM seven days a week for answers to your questions
Even if you just need advise how to fix your broken deal we are here to help

10/26/2015

Mortgages Fast After BK Foreclosure and Short Sale















Purchase Mortgages without Fannie Freddie FHA waiting periods!!

Buy a house after credit problems - Loan program after Foreclosure BK Short Sale Modification with  one year and two year waits
Close on your purchase then wait for the conventional 4 years or 7 years to refinance
You will need funds for down payment and reserves
Borrowers provide two years federal taxes, past sixty days bank statements, paycheck stubs past 30 days, two forms of ID and anything particular to your credit profile

Notable Program highlights include;

·         1 year seasoning for major derogatory credit events (short sales, foreclosures, and bankruptcies)
·         85% LTV to $500,000, 660 credit score, 24 months satisfactory housing
·         80% LTV to $750,000, 620 credit score, 12 months satisfactory housing
·         75% LTV to $1,250,000, 640 credit score, 24 months satisfactory housing
·         First Time Home Buyer allowed with restrictions

Hi I’m C G with Eagle Home Mortgage, A Lennar Homes Company
I want to share with you the advantages of a new conventional product we have for Borrowers with prior credit “challenges,” such as bankruptcy, short sale, or foreclosure.
In the past, if a Borrower had a foreclosure, you would need to wait three years to get a FHA loan with a list of ins and outs. FHA product is also limited by the county ceiling. For single family that might mean a loan maximum of $272,050 in Tulare County and $625,500 in Orange County.
This new program allows
85% loan to value up to $500000 loan amount
80% to $750000
And 75% to $1,250,000
There are requirements which would be best if you call me to discuss your specific situation such as:
Reserve requirements, minimum FICO score and excellent credit 12 months after the event. Terms and conditions apply, this is not a commitment to lend.
This is great news because the loan is not priced like hard money, it is a tool Borrowers can use to
Purchase a home and own during the usual waiting periods to refinance conventional when either the seven year or four year (as applies to your situation) ends. No prepayment penalties, no giant upfront costs
Call me at 949 784 9699 any day from 7AM to 7 PM Pacific time








































Other credit restrictions apply and the guidelines should be reviewed carefully.  There are minimum credit standards and title to the home may not be impacted by credit items still pending.
Call me for the rules and terms
C G
(949) 784- 9699
NMLS 324982



10/22/2015

Military Income for VA Loans




















What Military income counts to close VA Loans
What are the Rules 
How does Underwriting average income
How much Time since separation from Military Service
Service Rules ins and outs for a home loan
Base Allowance
Special Pay
Income for home mortgage loans reference guides 
Veterans Loans made easy
We close VA loans
We are proud of our service brothers and sisters
Caroline Gerardo
NMLS 324982
(949) 784-9699
Toxic Assets Novel

10/21/2015

RTDD Revocable Transfer upon Death Deeds California Law

Legislation creating a non-probate method for conveying interest in real property upon death, Assembly Bill 139, http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB139 
is now law in California. The new law, signed into action by Governor Jerry Brown accomplishes the transfer by means of a revocable transfer upon death deed (RTDD). It is called a transfer-on-death TOD deed in other states. The law is effective January 1, 2016. The RTDD automatically transfers ownership of the property – defined to include 1-4 residential units, a condominium, or agricultural land of 40 acres or less – upon the death of the owner, and must contain a legal description. A RTDD may only be revoked by a recorded document.
A couple rules pro and con to the law:
Owner must die after 1.1.2016
Deed must be recorded with county 60 days after executed (notarized)
Transferor must have mental capacity at time of contract
Beneficiary deed transfer on death avoids probate
Owner doesn’t make a completed gift for gift taxes, the owner can change the beneficiary any time before they die
Most beneficiaries’ creditors can’t touch the property
It’s cheaper than probate, and simple
No tax consequences
Cons:
Unscrupulous relatives who want the property for their own can get grandfather to sign the deed, it may open up opportunities for elder abuse
Owner lacked capacity disputes can happen (also can happen with Joint Tenancy or Living Trust or any other for to hold title
The deed supersedes a will
Restricts sale of property for 4 months after owner’s death
BUT MEDI-CAL may be able to recover costs from the beneficiary
Title companies will not be required to rely on RTDDs when underwriting a policy of title insurance under the new law – an especially important detail given that there may be circumstances under which the RTDD may be void or superseded by another document. In cases where the RTDD is void or superseded, a probate proceeding or quitclaims deed may be required.
No RTDD may be executed on or after January 1, 2021, which is when the new law is scheduled to be repealed (unless extended by the legislature prior to that date). However, any RTDD properly executed before that date remains valid and may also be revoked after that date. To be valid, the deed must be recorded within 60 days of execution. The deed is only effective at death and does not affect any ownership rights during the transferor's lifetime.
The new law contains a statutory form RTDD, and an RTDD must be in that form or a substantially similar form in order to be valid. The statutory form provides information to the transferor, including an explanation of how the RTDD works, how it is effectuated, and some of its consequences. The law  has a statutory form for revocation of an RTDD. The law also makes provisions for multiple beneficiaries and for what happens if multiple instruments are recorded affecting the same property.
A beneficiary completes the transfer recording an affidavit of the transferor's death. However, a purported transfer is void if property is held in joint tenancy or as community property with right of survivorship when the transferor dies. A RTDD can be challenged for several reasons, including lack of capacity to transfer, transfer to disqualified person, and fraud.
As of today, Twenty three states have versions of RTDDs, with three additional states considering their implementation this year. Missouri has TOD law since 1989 with no claims of elder abuse.


 I am not an attorney. This is not legal advice. The law is of interest to mortgage professionals and real estate agents, realtors and title officers in advising Borrowers, property owners, homeowners in this new law in California as regards to how to hold their single family, condominium, townhouse or 1-4 unit home. This type of vesting has been used in other states for 25 years.