I'm John Giddens,Sales Associate with Century 21 Birchwood International, Inc. serving the Lee County area. I am a member of the REALTOR Association of Greater Fort Myers and the Beach. I enjoy living in our city and take pride in knowing and serving my neighbors in all their real estate needs. As a Real Estate Professional and a Native Floridian, people in this town know they can call on me whether they have a simple real estate question, or need a free market analysis. As your REALTOR®, I will go the extra mile in helping you purchase a new home/property or sell your existing home/property. Your best interests are my #1 priority. With the backing of the most respected company in the area I can help make your dreams a reality. Call me today at 239-222-7288 or visit my Web site at www.johngiddensrealtor.com
About My Area
I have been a Licensed Real Estate Sales Associate for over 12 yrs. I have continued to uphold my education in the real estate licensing laws and practices. I believe that a good REALTOR®,should know his community inside and out. I keep abreast of the latest market happenings so that I can answer all your questions—especially the hard ones! C21 Birchwood Int'l Inc. is a family-oriented Real Estate company comprised of professionals dedicated to meeting your every need. We employ aggressive marketing strategies, negotiating skills and we always operate with a high level of integrity. With the partnership of myself and C21 Birchwood Int'l Inc. you can be confident that whether you're buying, selling, or just interested in investing, we'll be with you every step of the way.
Recent Sales
DEAR John: As a real estate broker for 7 years, I especially enjoyed that recent letter from a home seller who was unhappy about her four-month listing with a "bad agent." You gave an excellent answer, explaining what constitutes "due diligence" and suggesting the seller meet with the brokerage's manager to perhaps transfer the listing to another agent. However, my question is, who judges due diligence by a real estate agent? Some home sellers will never be satisfied, especially in the current slowing market in most areas, no matter how hard the listing agent works. --Evan R.
DEAR EVAN: Great question. Unless the listing dispute winds up in court for a judge or jury to decide if there was lack of due diligence by the listing agent, it is up to the home seller to decide if he or she is satisfied with the listing agent's performance.
Having been a real estate licensee for 12 years, I recall only a few home sellers who were unhappy with my listing agent services. The most frequent complaint was, "You don't advertise my house enough." The reason was the house was usually overpriced, based on comparable nearby recent sales prices.
However, there is another side to the story. As a typical listing agent, I often took overpriced listings where the seller insisted listing at a price I knew was too high. I always said, "Let's give it a good try for 30 days, but if we don't receive any purchase offers then let's agree to reduce the asking price." That method usually worked.
Nobody can say for sure what is due diligence. But any agent who takes a listing, puts it into the local multiple listing service (MLS) and does nothing else to get that listing sold is showing lack of due diligence. Unfortunately, such agent conduct occasionally occurs, especially when the listing agent expects a buyer's agent to see the MLS listing and produce a buyer without further effort by the listing agent.
CAN HOMEOWNER TRANSFER TITLE WITHOUT AN ATTORNEY?
DEAR JOHN: I want to deed my house to my sister but keep the mortgage with my current lender. Can I do the deed transfer, record it, and keep the current lender, without an attorney? My sister will continue paying off the mortgage instead of getting a new mortgage, which will cost more money. --Lien N.
DEAR LIEN: Yes, you can transfer title to your sister by executing a quitclaim deed and recording it with the county recorder of deeds. However, your sister won't have the benefit of an owner's title insurance policy to be certain she receives marketable title.
Your name will always be on that mortgage until your sister refinances, pays it off, or sells the property. She is buying "subject to" your mortgage and should be aware the lender might enforce the due-on-sale clause and call the balance due in full.
If that happens, she can usually either pay an assumption fee, typically 1 percent of the mortgage balance, or refinance with another lender. However, that is highly unlikely if she makes the monthly payments on time.
She should notify the insurance agent to add her name to the homeowner's insurance policy as an additional insured, just in case the house burns down or there is a liability claim. For more details, she should consult a local real estate attorney.
NO WAY TO GET HOUSE TITLE BACK AFTER GIVING IT AWAY
DEAR JOHN: A friend lives in a home where her son holds title. But he is delinquent on the mortgage payments and foreclosure is pending. What recourse does the mother have? She quitclaimed the title to her son when she was disabled. Now the son won't give the title back. --Art D.
DEAR ART: Unfortunately, your friend's situation happens far too often. Her obvious big mistake was deeding the title to her son while she was disabled.
A far better alternative, if she thought she was going to soon die, would be to create a revocable living trust, naming her son to receive title after she died. The primary advantage is to avoid probate costs and delays, with a secondary advantage of management of her assets if she is unable to do so.
At this point, there is nothing the mom can do to force the ungrateful son to deed the title back so she can cure the foreclosure default. She should consult a local real estate attorney.