LOANS, LAWYERS & OTHER IMPORTANT REAL ESTATE FINANCING FACTORS
Attorneys Rob Draughon and Shelley Rothman of Griffin, Clift Everton and Maschmeyer will be taking you front stage to what happens when you sign a contract to buy a house all the way to what happens after closing. I will be sharing some important factors to consider when you are applying for your mortgage that can save you time, money and avoid a heartache.
What do YOU want to accomplish with YOUR mortgage? Call me at (901) 482-0354 and let’s talk! Email me at Jo@JoGarner.com Subscribe to get Real Estate Mortgage Shoppe podcasts with show notes at www.JoGarner.com and let’s stay in touch.
To Your Success,
Jo Garner, Mortgage Loan Officer NMLS #757308
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WELCOME AND ALL RISE AS THE SHOW IS NOW IN SESSION
Good morning, Memphis! Welcome to our internet listeners and podcast listeners across the 50 states! You’re on Real Estate Mortgage Shoppe. I’m your host, Jo Garner, Mortgage Loan Officer. You can connect with me at www.JoGarner.com. Our general topic is LOANS, LAWYERS AND OTHER IMPORTANT REAL ESTATE FINANCING FACTORS. Subscribe to get our weekly blogposts with podcasts at www.JoGarner.com. Call us while we are live at (901) 535-9732 Today is November 2, 2019.
INTRODUCING ATTORNEYS ROB DRAUGHON & SHELLEY ROTHMAN OF GCEM LAW FIRM
Today you can call in with your real estate legal questions. Attorneys Rob Draughon and Shelley Rothman of Griffin, Clift Everton and Maschmeyer will be taking you front stage to what happens when you sign a contract to buy a house all the way to what happens after closing. I will be sharing some important factors to consider when you are applying for your mortgage that can save you time, money and avoid a heartache.
I have done a lot of closings over the years with these attorneys. But this is the first time real estate attorneys Rob Draughon and Shelley Rothman been on the air with us on Real Estate Mortgage Shoppe. You both do a fabulous job with my clients and our A-Team over at Sierra Pacific Mortgage love how you take care of so many important details preparing for the closing.
Rob and Shelley, please take a moment and tell us a little bit about yourselves and what Griffin, Clift Everton and Maschmeyer does for your clients. (Rob and Shelley about about 45 secs each to intro themselves and talk about what GCEM does for their clients)
HAYDEN & HALEY HOLMES STORY-CHALLENGES TO CELEBRATIONS
(Jo) We are talking about Lawyers and Loans today. It is smart strategy to have a good real estate lawyer on your team, a good loan officer and a good realtor too. This certainly proved true for Hayden and Haley Holmes (not their real names).
Hayden and Haley met at college on a hiking trip. It didn’t take long to discover the paths they were plotting in life were headed in the same direction. Both Hayden and Haley wanted to travel and see the world before settling down. They wanted to own their own home and felt it was important to keep a healthy amount in an emergency fund.
After graduating, Hayden and Haley got married and took a job overseas for a couple of years teaching English as a second language. Their expenses were paid by their employer which meant the income they made could go to paying down student loan debt and building up a nest egg in savings.
Both Hayden and Haley loved traveling the continents, but wanted their home sweet home to be in their home town in a familiar neighborhood. Little did they know the difficulties they were about to encounter.
The houses in the neighborhood where they wanted to live cost them more per month than their budget allowed and would eat up their nest egg of savings. There were multiple offers going in on some of the homes so sellers were not wanting to pay closing costs for them.
Their realtor connected them with an experienced loan officer and that is how Hayden and Haley got prequalified for an FHA low down payment loan with down payment assistance from the city of $10,000. The extra money down using this fund kept the payments closer to budget and it would costs only about $1,500 to get into the home.
But Hayden and Haley were not out of the woods yet. It would take making some smart moves to get around the road blocks of discouragement ahead to find a way to own their own home. Stay tuned to hear the rest of their story later in this show.
What do YOU want to accomplish with YOUR mortgage? MAKE YOUR PLAN. LET’S WORK YOUR PLAN. IF THE DEAL WORKS FOR YOU TODAY, LET’S DO IT TODAY. Connect with me at www.JoGarner.com. Email me at Jo@JoGarner.com or just call me at (901) 482-0354.
WHEN YOUR HOME PURCHASE CONTRACT IS DELIVERED TO THE TITLE COMPANY
For now, let’s talk with real estate closing attorneys Rob Draughon and Shelley Rothman about what happens when your real estate closing attorney receives your home purchase contract.
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What is the process once we receive your contract to buy a property?
Once your closing agent receives a copy of the contract a title search is ordered for us to examine. We check to be sure the seller has good title to the property, the title to the property is marketable, that all mortgages are paid off at closing and real estate taxes are current.
We then provide your lender with the title information they need to proceed with processing your loan and work with your lender to prepare the figures for the closing and ultimately get the closing documents ready for you to sign. We also contact the buyer to introduce ourselves and let them know how to reach us. It is very important to know who you are working with before sending any money to a closing. Wire fraud is a major problem. Before wiring any funds for a closing you should talk to your closing agent about their guidelines for this process and follow their instructions VERY carefully. We have a specific protocol when it comes to providing wiring instructions to our buyers. Once you send a wire in accordance with your closing agents instructions it is a good idea to call them and let them know that the wire has been released and the exact amount.
We record your deed to the property in the County Register’s Office after closing. After we get that back, we issue your title insurance policy and mail that to you with your original deed.
You can expect to get a very official looking letter in the mail a few days after closing saying that you need a copy of your deed and asking you to send in money to get it. Do not do this. The Deed is in the public records and can be pulled up on the Shelby County Register’s Office and printed out. Your closing agent can also send you a copy of the recorded deed if you don’t want to wait for the original to come in the mail with your policy.
You’re on Real Estate Mortgage Shoppe. I’m your host, Jo Garner, Mortgage Loan Officer. What do YOU want to accomplish with your mortgage? Make your plan. Let’s work your plan if the deal works for you today, let’s do it today. When we come back attorneys Rob Draughon and Shelley Rothman will continue with their tips from the lawyers’ desks for borrowers getting home loans.
2nd segment after 9:15 break: Our Look Back Memphis Trivia Contest is brought to you by notable Memphis historian, Jimmy Ogle. You can hear some of Jimmy Ogle’s history lectures by googling “Jimmy Ogle Pink Palace.” The Look Back Memphis Trivia Contest is sponsored by John and Jennifer Lawhon of Lawhon Landscape (901) 754-7474 the Lawhon’s can help you plan your landscaping if you have a BIG, BIG project or a smaller project or you can do the big one in phases . The Lawhons are giving away a $25 gift card to the first person with the correct trivia answer. If you know the answer to our trivia question, call us at 901 535 WREC 901 535-9732.
Garner # 164 * 10/26/19
Central Station
Question: I am a railroad station that opened in South Memphis in 1914. Who am I?
Hint: My “sister” station had opened two blocks away in 1912.
Hint: I am the site of the only remaining AMTRAK passenger rail service in Memphis.
Final Hint: I have been restored and I am now a hotel! Who am I?
Answer: Central Station. Central Station opened in 1914 at the southwest corner of South Main Street and Calhoun (now Bishop G.E. Patterson Avenue); just two years after Union Station had opened two blocks away. By the close of World War II, there were 94 passenger trains a day using the two rail centers. One the interstate system was developed in America in the 1960s, passenger rail service declined leaving only the Illinois Central Railroad to service Memphis (from Chicago to New Orleans).
This week marks the opening of The Central Station Hotel, Curio Collection by Hilton, a 123-room boutique hotel in Memphis’ South Main District. The Central Station is Memphis’ newest boutique hotel, transformed from the city’s 105-year-old historic transportation hub. The property features mid-century architectural design, Memphis-influenced music programming, expansive meeting spaces and will also offer regionally inspired French brasserie cuisine at onsite restaurant Bishop, slated to open in November 2019. Kemmons Wilson Companies along with Henry Turley Company and Valor Hospitality Partners are the developers.
Jimmy Ogle has retired from walking tours in Memphis. Twelve of his Memphis History lectures entitled Making Memphis – Storytelling by Jimmy Ogle may be viewed for FREE on the internet by Googling “JIMMY OGLE PINK PALACE”. View JimmyOgle.com for more information.
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TOPICS COVERED BY ATTORNEYS ROB DRAUGHON & SHELLEY ROTHMAN, GRIFFIN, CLIFT, EVERTON, & MASCHMEYER
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Things you should ask or know before your closing:
If you are buying property and are married or want to hold title to the property with another person you should ask if that other person needs to be at the closing. If you are selling property you should also ask who needs to be at the closing.
Check your schedule before signing the contract. It is not unusual for people to find out they have scheduled a trip or other event for the same day as the closing and that creates other issues.
Try not to schedule your movers for the same date as the closing date on your contract. It takes time once the closing is complete for the “swap” of documents and transfer of money between the closing agents and to the seller. Sometimes there are unforeseen delays due other circumstances, such as illness, lenders having to re-verify information, power outages. If you want to get possession of your new home the same week as closing try to avoid closing on Fridays. Beware – the last 2 business days of every month are the busiest so you may want to schedule towards the beginning or middle of the month to allow more time to go through your documents and ask any questions you may have.
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What to expect at the closing.
If you are purchasing property and getting a loan you should allow yourself about 1 hour at closing so you have time to ask any questions you may have. It is our job to explain the figures and the documents to you. Please also bring 2 forms of photo ID with you to the closing. Some lenders require 1 ID and others require 2 so be prepared. Then enjoy your closing and celebrate!!
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What are some of the most common mistakes people make when they are involved with a contract? One of the common mistakes caught by the lender, a realtor or the title company is the way the contract stipulations are worded. If a buyer writes into the contract that “seller to pay 3% of the closing costs” instead of “seller to pay 3% of the sales price toward the buyers’ costs,” the buyer may be disappointed that he is only getting a few hundred dollars from the seller credit rather than several thousand dollars.
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What is title insurance? What is owners title insurance? Why do I need it?
Lenders title insurance covers the lender if there is a cloud on the title that causes the buyer to stop making the house payment. Lenders title does not pay the home buyer –only the lender. The owners title covers the owner for as long as he/she owns the property.
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TOPICS COVERED BY JO GARNER, MORTGAGE LOAN OFFICER:
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How does cleaning up and decluttering your financing before are ready to commit to a mortgage can profit you with more attractive mortgage terms?
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Some important financing factors to consider: The small number of homes available for sale compared with the high number of people wanting to buy homes now while the financing is still a bargain, is causing buyers to compete with multiple offers from others trying to buy the same house. Know in as much detail as possible what you want in a house—how many bedrooms, baths, access to the city or not, other amenities. Communicate this clearly with your realtor.
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Have a very strong preapproval letter from your lender. Some sellers are looking more for the surest offer than the highest offer. Have your income and asset documents and other loan documents ready to hand over to your lender.
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Get to the truth about what you can comfortably afford on a house note and what you can comfortably afford on a down payment for a house, continuing to keep a healthy emergency fund in the bank. You want to enjoy making your house payment each month.
If you are that person who just cannot force yourself to go through all of the last 12 months bank statements and credit card statements to put together a working household budget, then turn up the volume on some good tunes, set a timer for as long as you need to review the last 3 to 6 months bank statements and credit card statements. Write down how much you are spending each month and where your money is going. Don’t forget bills you have to cover once or twice a year.
Calculate your true income after taxes and deductions. Your income-to-debt ratios ideally should be where your total house note and all other debt should not exceed over 40% to 45% of your gross income. Some loan program software will preapprove you will debt ratios as high as 50% to 55%, but who want to be handcuffed to a house note with debt ratios that high?
If your debt ratios are too high, let’s talk about what you want to accomplish with your mortgage financing. It may be possible to rearrange some debt to make your cash flow each month more manageable. Don’t pay off any debt until you have talked with your loan officer. Depending on your situation, it may be more advantageous to you to keep more money in the bank than to use it to pay down debt.
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What type tweaks to your credit report can help you get more attractive terms on your mortgage.
I am not a licensed credit repair person and I direct my clients to the credit bureaus for any final corrections or fixes. There are no guarantees that you will get the exact results you want 100% of the time. What I am sharing with you is based on close observation and study of the cause and effect on numerous mortgage client credit reports).
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Make your payments on time and do not let them get over 30 days late.
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If a creditor is contacting you about a collection account, pay it as soon as possible or set up a payment plan with the lowest possible payment per month with an agreement with the collection company not to report negative information about you to the bureaus.
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Never use more than 30% of your credit card limits. For example, if your credit limit is $10,000, you would never want your balance to go over $3,000. Your utilization habits on revolving account activity makes up over 30% of your credit score.
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Stay away from 12-months-same-as-cash accounts. Most of the time these type accounts are scored as maxed out revolving accounts. I have seen these accounts drop someone’s score more than 100 points.
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More important financing factors to consider when applying for a mortgage.
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It is vitally important that you do not change anything on your asset statements. Any significant decrease in your bank balance could make or break your loan approval or cause a delay in your closing. ANY LARGE DEPOSIT NOT PAYROLL RELATED NEEDS TO HAVE THE SOURCE DOCUMENTED. (You can get images of the deposit and copies of deposit slips from your bank.)
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Please do not make any changes to your income or manner of payment from income from your business or employment. When it is time to send tax returns, please send ALL pages including any K-1s if applicable. Even if your income is increasing, under current loan guidelines some methods of income payment are not allowed to be counted as qualifying income so it is important to let your loan officer know of upcoming changes right away to make sure the type payment of income is acceptable for loan qualification purposes. If you own 25% or more of a business, please send all pages of the business tax returns for the past 2 years also. (In some cases underwriting may require a year-to-date Profit and Loss for self-employed borrowers.) Note: If your IRS transcripts or tax returns indicate that taxes are owed, you must document the source of funds to clear the taxes owed or show proof of accepted payment plan and proof of three months payments made to IRS or other agency to clear debt.
(Some mortgage products do not require tax returns at all-check with your mortgage officer)
(PLEASE DISCLOSE ANY PAYMENT PLANS MADE TO IRS OR OTHER OUTSIDE AGREEMENTS THAT MAY NOT SHOW ON THE CREDIT REPORT. THESE PAYMENTS NEED TO BE CALCUATED TO DETERMINE YOUR TRUE DEBT-TO-INCOME RATIO.
PLEASE DISCLOSE ANY IRS OR OTHER LIENS THAT MIGHT SHOW UP ON OTHER REPORTS CONNECTED TO YOU. NOT DISCLOSING THESE CAN JEAPORDIZE YOUR LOAN APPROVAL LATER IN THE PROCESS)
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Do not open any new credit accounts (and especially not a 12-months-same-as-cash account.) Do not add balances to any existing credit accounts. Do not apply for any new credit during the loan process. Do not make any changes on your credit status.
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Make sure that you keep your accounts paid current during the loan process. Even though you are planning to pay off an account at closing, please do not allow this account or any others, including any mortgages, to go 30 days late even if the closing the delayed. (This could cause your credit scores to drop right before closing and jeopardize your loan approval.)
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If there will be a full appraisal on the property you are financing, please inspect the subject property for repairs that may be required prior to closing by the appraiser. Some common required repairs are leaky roof, rotted wood, peeling paint, torn flooring, broken tile, non-functional plumbing, electrical or HVAC systems, drainage problems, holes in sheetrock, broken windows, foundational problems, termite damage, hazardous waste on property, etc.
F. If the property is in a flood zone, flood insurance will be required. Appraisal values are determined by the assigned appraiser. Comparable property sales over the last 6 months to a year on houses like the subject property in the subject property neighborhood are used to determine the official value used by the mortgage company. Government guidelines require the mortgage company to order an appraisal and have the appraiser to be assigned to the property by a third-party, government approved order agency separate from the mortgage company.
The mortgage company must order the appraisal from the approved agency. Appraisals from other mortgage companies and appraisals ordered by anyone else, are not qualified to be used under current loan regulations.
If the appraiser notes repairs on the appraisal, it is very possible he/she will need to reinspect the property to make sure repairs are completed in a workmanlike manner. Appraisers charge an extra fee to do this which could increase your costs at closing.
In the first part of the show I introduced you to Hayden and Haley. These two soul mates found each other on a hiking trip in college. They discovered they both wanted to travel the continents in their lifetime—not late in life but starting right now. They wanted to own their own home in a familiar neighborhood and wanted to keep a healthy emergency fund in savings at all times. There were challenges ahead.
After graduation, Hayden and Haley got married and worked overseas where all expenses were paid and they were able to pay down student loans and put money back into savings. Score one on their bucket list.
On returning to their home town they connected with a trusted realtor friend who led them to the neighborhood where they wanted to live.
The realtor connected Haley and Hayden to a loan officer that got them qualified for low down payment- low fixed rate government mortgage program. To protect the nest egg, the loan officer got Haley and Hayden qualified on a down payment assistance program that would lend them $10,000 to cover the down payment, closing costs and prepaid taxes and insurance—everything needed except about $1,500 out of their pockets.
Score Two on keeping the nest egg of savings safe.
Hayden and Haley both had full-time jobs and after work looked at over 16 houses and made offers on three of them. There were at times five or more offers from other people wanting to buy the same house. Each time Hayden and Haley got beaten out by someone else’s better home purchase offer. Hayden’s discouragment was clear in his voice when he said resignedly, “I’m starting to think we just need to wait about buying a house. We can never compete with these other offers. Other people just have more money to spend than us.” What strategy could they use now?
With help from their realtor, Haley begin to imagine herself as the seller. What would appeal to the seller? Sellers want a good price for their home, but that is not the only priority. Sellers want a buyer who is financially strong enough to close without delay. Sellers don’t want to have to pay a lot of the buyer’s cost. Sellers want to feel good about their part of the transaction.
Strategy #1 Hayden and Haley stopped by the mortgage office with all of their income supporting documents and bank statements. The loan officer, at Haley and Hayden’s request reviewed these documents and wrote a short letter to them stating that the credit report, the income and asset documents had been reviewed and the underwriting software was currently showing the loan to be a strong prequalification.
The realtor scanned this letter with the next home purchase offer to the seller’s agent. The realtor also attached a personal letter from Haley and Hayden complimenting the seller on their home and gave the reasons they would like to live their and start their family there in that home. The seller accepted their offer, even though their offer was not for the highest price.
Score three— offer on chosen home accepted.
The realtor suggested that Hayden and Haley hire a professional home inspector to inspect the home before they had to pay the mortgage company’s appraiser to determine a value. The home inspector’s report showed quite a bit of rotted wood that needed replacing and some mold in the utility room close to some leaky plumbing pipes. Seller said he wasn’t making enough money on the house to include fixing these things.
The realtor and the loan officer and Haley and Hayden put together a counter offer with a price about $2,000 higher but requiring that the seller complete these repairs and have a certified professional clean up the mold in the utility room. Quid pro Quo—the seller accepted the counter offer, the loan was processed and it was now time for Hayden and Haley to go to closing and get the keys to their very own house. Score four—house of their own in the neighborhood where they want to live.
REAL ESTATE TIP OF THE WEEK (Rob and Shelley talk about the importance of buying owners title insurance when you buy a house and not rely on lenders title insurance to cover you. Lender’s title insurance only covers the lender and not you as the property owner. Owners title insurance is a very affordable one-time fee when you buy it at the same time the lenders title insurance is being issued.
ANNOUNCEMENTS:
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Talk Shoppe offers free networking & education to anyone interested in real estate or in business. Talk Shoppe meets every Wednesday November 6th, 2019 9A-10A CT at ServiceMaster by Cornerstone 9575 Macon Rd Cordova, TN (corner of Big Orange and Macon Rd) Michelle Calhoun of Sauce Marketing will be presenting “Steps to Self Confidence.”
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Talk Shoppe events are free thanks to advertisers like Mary Lou Nowak of Mid-South Home Helpers Mary Lou knows what to do when it comes to providing non-medical assistance to your aging or handicapped loved ones so they can remain safely and comfortably in their own home. Contact Mary Lou at (901) 414-9696 www.HomeHelpersHomeCare.com
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Are you a realtor, a real estate investor or in the business of repairing or fixing homes? Join me Thursday November 7th, 2019 to hear Michael Brooks, Renovation and Repair financing expert do a special training session on how to use the new and improved renovation and repair loan programs. The Meet and Greet and Training Session will be Nov 7th 10 AM at Mercedes-Benz of Memphis 5389 Poplar Ave. Breakfast snacks will be served
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The Memphis Tigers play football tonight. Go Tigers!
5. Subscribe at www.JoGarner.com and you can get our weekly blog posts with podcasts conveniently in your inbox.
6. Real Estate Mortgage Shoppe reminds you to MAKE YOUR PLAN. LET’S WORK YOUR PLAN. IF THE DEAL WORKS FOR YOU TODAY, DO IT TODAY.
SPECIAL NOTE: REAL ESTATE MORTGAGE SHOPPE RECOMMENDS THAT YOU CONSULT WITH A FINANCIAL, LEGAL OR OTHER CERTIFIED, LICENSED PROFESSIONAL BEFORE ACTING OR INVESTING ON ANYTHING YOU HEAR OR SEE FROM THE CONTENT ON THIS SHOW OR BLOG POSTS. THE INFORMATION WE SHARE ON REAL ESTATE MORTGAGE SHOPPE IS GENERAL IN NATURE MEANT FOR GENERAL EDUCATIONAL PURPOSES ONLY. ALL EXAMPLES GIVEN FOR ILLUSTRATION PURPOSES ON REAL ESTATE MORTGAGE SHOPPE AND ARE BASED ON TRUE STORIES BUT WE USE FICTIONAL CHARACTERS AND DO NOT DIRECTLY REFLECT REAL PEOPLE OR EXACT DETAILS IN ANY OF THE SITUATIONS.
QUOTE CORNER:
Joseph H. Choate “You cannot live without the lawyers, and certainly you cannot die without them.”
Stephen Wright- “I busted a mirror and got seven years bad luck, but my lawyer thinks he can get me five.” ____________________________________________________________________________________
REJOINDERS:
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Troy and Lynn McDonald, Bartlett, TN of Erin McDonald Insurance Agency (901) 849-7101
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Mark McLaurine, Refrigeration Unlimited in Memphis, TN (901) 216-7782
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Eric Eurich, Kaizen award-winning business coach Focal Point Business Coaching (901) 340-9558
Transitional Music: “Theme from Law and Order;” “Law School” by Chocolate Ghost House (parody on song “Payphone” by Maroon 5); “Theme From Perry Mason show;” “Memphis” by Johnny Rivers for the Look Back Memphis Trivia Contest
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ABOUT REAL ESTATE ATTORNEYS- SHELLY ROTHMAN AND ROB DRAUGHON -GRIFFIN, CLIFT, EVERTON & MASCHMEYER
(901) 752-1133
ABOUT JO GARNER-MORTGAGE LOAN OFFICER:
WHAT DO YOU WANT TO ACCOMPLISH WITH YOUR MORTGAGE?
www.JoGarner.com (901) 482 0354 jo@jogarner.com twitter @jogarner NMLS# 757308
“Whatever YOUR personal priorities are, my job is to help you get the mortgage terms that will give you bragging rights when you talk about it and help you score on hitting your goals .”
As a mortgage loan officer, my job is to help you get to the benefits you want from your financing terms. What is most important to you? I can help you find the financing terms that will help you get to what you want. What is your comfort level on a house payment? How much are you comfortable paying down,? What type of financing do you need to get the house you want to buy or refinance?
Different clients have different priorities in life—some are buying their first home with very little down payment funds. Some are recovering from medical challenges, divorces or preparing to send children to college and some are embarking on a long term goal of buying properties to build rental income.”
Jo Garner is a mortgage officer with extensive knowledge in tailoring mortgages to her customers who are refinancing or purchasing homes all over the country. She offers conventional, FHA, VA or other loan programs for refinancing and purchases.
Jo can help you look at rent vs buy, when it makes sense to refinance, how to get the best deal on your home purchase financing.
Jo Garner has been in the real estate/financing business for over 25 years. She got her start in Portland, Maine where she first began her real estate career. She received her real estate education from the University of Southern Maine and was personally mentored in San Diego, California by Robert G. Allen, author of Nothing Down, Creating Wealth and The Challenge.
On moving back to West Tennessee in 1987, she went into business buying and selling discounted owner-financed notes secured on real estate. In 1990 Jo went to work for a residential mortgage company and has been a mortgage loan officer for over 25 years. Her goal is to offer excellent, affordable service to her customers, tailoring the loan programs to the specific needs of her clients.
In addition to her work in the mortgage field, Jo Garner is the primary sponsor and founder of Talk Shoppe in Memphis. www.TalkShoppe.com Jo Garner also host the radio show Real Estate Mortgage Shoppe airing on News Radio AM 600 WREC and iHeart Radio with podcasts and show notes published on www.JoGarner.com