Real Estate Settlement Procedures Act

Real Estate Settlement Procedures Act1 The Real Estate Settlement Procedures Act of 1974 (RESPA) (12 U.S.C. 2601 et seq.) (the Act) became effective on June 20, 1975. The Act requires lenders, mortgage brokers, or servicers of home loans to provide borrowers with pertinent and timely disclosures regarding the nature and costs of the real estate settlement process. The Act also prohibits specific practices, such as kickbacks, and places limitations upon the use of escrow accounts. The Department of Housing and Urban Development (HUD) originally promulgated Regulation X which implements RESPA. Congress has amended RESPA significantly since its enactment. The National Affordable Housing Act of 1990 amended RESPA to require detailed disclosures concerning the transfer, sale, or assignment of mortgage servicing. It also requires disclosures for mortgage escrow accounts at closing and annually thereafter, itemizing the charges to be paid by the borrower and what is paid out of the account by the servicer. In October 1992, Congress amended RESPA to cover subordinate lien loans. Congress, when it enacted the Economic Growth and Regulatory Paperwork Reduction Act of 1996,2 further amended RESPA to clarify certain definitions including “controlled business arrangement,” which was changed to “affiliated business arrangement.” The changes also reduced the disclosures under the mortgage servicing provisions of RESPA. In 2008, HUD issued a RESPA Reform Rule (73 Fed. Reg. 68204, Nov. 17, 2008) that included substantive and technical changes to the existing RESPA regulations and different implementation dates for various provisions. Substantive changes included a standard Good Faith Estimate form and a revised HUD-1 Settlement Statement that were required as of January 1, 2010. Technical changes, including streamlined mortgage servicing disclosure language, elimination of outdated escrow account provisions, and a provision permitting an “average charge” to be listed on the Good Faith Estimate and HUD-1 Settlement Statement, took effect on January 16, 2009. In addition, HUD clarified that all disclosures required by RESPA are permitted to be provided electronically, in accordance with the Electronic Signatures in Global and National Commerce Act (E-Sign).

Credits: HUD

Read the entire article – https://files.consumerfinance.gov/f/201308_cfpb_respa_narrative-exam-procedures.pdf

Agricultural Land Conservation Easement Program

The Agricultural Conservation Easement Program (ACEP) protects the agricultural viability and related conservation values of eligible land by limiting nonagricultural uses which negatively affect agricultural uses and conservation values, protect grazing uses and related conservation values by restoring or conserving eligible grazing land, and protecting and restoring and enhancing wetlands on eligible land.

Benefits

Agricultural Land Easements protect the long-term viability of the nation’s food supply by preventing conversion of productive working lands to non-agricultural uses. Land protected by agricultural land easements provides additional public benefits, including environmental quality, historic preservation, wildlife habitat and protection of open space.  Additionally, ALE easements leverage local partnerships to match NRCS funding and local partners are responsible for the long-term stewardship of the easement.

Visit here – https://www.nrcs.usda.gov/wps/portal/nrcs/main/national/programs/easements/acep/

Who is eligible?

  • Eligible partners include American Indian tribes, state and local governments and non-governmental organizations that have farmland, rangeland or grassland protection programs.
  • Eligible landowners include owners of privately held land including land that is held by tribes and tribal members.
  • All landowners, including required members of landowner-legal entities, must meet adjusted gross income (AGI) limitations and must be compliant with the HEL/WC provisions of the Food Security Act of 1985.

What land is eligible?

Land eligible for agricultural easements includes private or Tribal land that is agricultural land, cropland, rangeland, grassland, pastureland and nonindustrial private forest land. NRCS will prioritize applications that protect agricultural uses and related conservation values of the land and those that maximize the protection of contiguous acres devoted to agricultural use, including land on a farm or ranch.

Eligible Land Types and which also meets one of the four following land eligibility criteria:

  1. Parcels enrolled to protect Prime, Unique, or Other productive soil.
  2. Parcels enrolled to provide protection of grazing uses and related conservation values.
  3. Parcels containing historical or archeological resources.
  4. Land that furthers a state or local policy consistent with the purposes of ACEP-ALE.

The downsides of Airbnb contracts

Adding a rental agreement to your booking flow on Airbnb doesn’t come without its pitfalls and downsides, which are well worth considering before you choose to proceed further:

Friction

Adding a rental agreement that your guests must sign and return to you adds considerable friction to the booking process.  And, any additional friction will ultimately reduce your booking rate – which is worth thinking long and hard about.

How much friction will it add, and how many potential bookings will you lose because of it?

Who knows, but this is certainly worth weighing up before blindly plowing ahead.

Airbnb doesn’t have your back

This rental contract is between you and your guests and has nothing to do with Airbnb the company whatsoever.

Therefore you won’t be getting any help from them as an intermediary in the case of any disputes.

Instead, any disputes will need to go through the regular legal process, often involving lawyers and courts, which can get expensive.

Workload

If you’re a busy host (which I hope you are), then building a new contract for every new booking that comes in can be a bit of a headache.

Plus, on top of that, there’ll be a lot of chasing guests for signed contracts along the way too.

Please ensure you seek the advice of an attorney before finalizing any legally binding document. Your agreement should be revised and updated habitually to adhere to any changing local or state laws.

Airbnb Rental Agreement: Pros and Cons

By Rowan Clifford

Author of Airbn’b’Smart and Hospitable user

An Airbnb rental agreement is a legal contract between you and your guests, which sits outside of the Airbnb platform, giving you additional legal protection in any guest malpractice event.

But what should you put in the rental agreement?  How do you send it to your guests? And what are the downsides?

Let’s find out, shall we!

What to put in your rental agreement?

The information you put in your rental agreement is going to vary from host to host, but there are some basic points that you’ll more than likely want to cover:

  1. Names: For any contract to be legally binding and effective, you must make sure that both parties’ full names engaging in the contract are present.
  2. Location: Address must be included.
  3. Booking details: The contract should outline the booking details; booking duration, dates, number of guests, check-in & check-out times, etc.
  4. Fees: Outline the booking cost and any fees associated, e.g., cleaning fees, maintenance.
  5. Parking: Add parking rules and instructions.
  6. House rules: This is where you want to get specific about the conduct you expect from your guests during their stay, e.g., no parties, no pets, no loud noise after 10 pm, etc.
  7. Landlord responsibilities: Outline the responsibilities and conduct you as a host will adhere to and uphold, e.g., what amenities you’ll provide, your commitment to responding to any problems, etc.

This list is by no means exhaustive, but it’s a good place to start – and obviously, to make your rental agreement legally binding, you’ll want to get it checked off by an expert to make sure it stands up to scrutiny in your jurisdiction.

How to send a rental agreement to your guests

Airbnb stipulates that you must make your guests aware of your rental agreement BEFORE they make their booking.  Failure to do this will render them null and void.

This means that you’ll have to provide access to the rental agreement within your listing description.

Once you’ve covered that, and your guests are aware of the agreement they are entering into, you’ll need to send this to them once they’ve booked. This can be done as part of your message flow after a guest confirms their booking.

Hospitable allows you to schedule a message after a new reservation. This is just perfect for sharing your rental agreement with your guests.

after new reservation