American Home Week June 2, 2023

Deanna Deckard is the owner of Greystone Real Estate with over 20 years of experience producing top results for her clients. She has exceptional communication skills and is well-known for her ability to negotiate and seamlessly move clients through the real estate process. Deanna's expertise in home transformation and managing the home preparation process from start to finish ensures a smooth and successful real estate transaction. With her passion for real estate, Deanna is an excellent choice for anyone looking to buy or sell a home. Do you need a Senior Relocation Specialist, contact Deanna today!

ALL THINGS REAL ESTATE:

Digging into backyard issues

Q: I live on the west side of Fair field and recently our neighbor behind us decided to put in a swimming pool that is currently under con struction. If you know anything about the soil over where we live it’s pretty sandy. You can’t just dig a hole because it’s a little like digging at the beach. The more your dig the more the sides fall in. In our case, the pool looks like it’s supposed to be pretty close to the fence between our lots. Their digging has already caused a portion of our fence to

fall over on his side and now our landscaping and sprinkler lines are getting drawn into his hole. I’ve tried talking to the guy and all he says is that he’ll pay his half to replace the fence once the pool is done. But we’re losing our back yard. Another 2 feet and our stamped concrete patio will be at risk of cracking and moving. What is the law is our situation?

I’m afraid there aren’t any specific laws in California specifically regarding pool construction, other than perhaps some building codes and health

SOLANO REAL ESTATE SCENE

and safety regulations. The issues you’re having are known in the real estate world as the right to lateral or subjacent support, the definitions of which are exactly what you’re describing.

If you’re interested in reading the law itself you can Google California Civil Code 832.

That code section is pretty long but in relatively plain English. But I’ll summarize here.

In short, anybody who digs a hole is responsible for any damage the digging, or the hole itself, causes to anyone else’s property.

The idea between lateral and subjacent support is simply that

the neighboring properties have a right to keep in place whatever was holding the dirt up before the offending neighbor started digging. Or at least to have the other owner make a good substitution.

In this case, your neighbor’s dirt was holding yours in place. Once he removed his dirt, your dirt started moving.

Under the law, your neighbor was required to give you notice of his intent to excavate. The notice had to include how deep the excavation was going to be and when the work was scheduled to begin.

The digger must then take

“reasonable precautions” to protect the soil of the neighboring property.

Typically that means using temporary retaining walls to keep the dirt from moving.

If your neighbor is having a professional company dig his hole I’m surprised you are having this problem in the first place. So legally you’re in good shape, but what do you do about it?

As is usually the case, if reasonable people can’t work this out (or if you’re short one reasonable person) the court is the only real enforcement mechanism.

See Jones, Page 19

Little story about Jack and Diane

Jack and Diane graduated from Vacaville High School in 1988. Jack played the trumpet in the band and second base on the baseball team, and Diane was a member of the dance-drill team and played soccer.

They started dating as juniors and she was one of those 4.0 GPA kids that scored high on her SATs, and he always kept a solid B average to remain eligible for baseball and the band. Diane’s goal was to become a registered nurse like her mom and grandma before her and Jack’s dream from the time he was in kindergarten was to become a firefighter, like his dad and his godfather, Uncle Joe.

After graduation, Jack went on

to graduate from Solano Community College and studied fire science and the pre-requisite courses for one day becoming a paramedic, and Diane went to Sac State and nursing school and by the time the two of them were 25, she was an RN, and he was a city firefighter.

After a big wedding in June 1994, they purchased a 2,000-square-foot home in Crestview, an older, well-established neighborhood on the northwest side of Vacaville for $200,000.

Jack and Diane obtained an FHA 30-year fixed-rate mortgage at 6% with 3.5% down and convinced the seller to cover their closing costs. They scraped together $9,000 for the cash to close and their total payment including taxes and

insurance was a scary 40% higher than the rent they were paying on their apartment, but they were thrilled to own their own house.

They made their house payments on time every month and by 2001 their loan balance was down to $175,000 and the value of their home had risen to $225,000. They refinanced their mortgage down to a rate of 4.5% on a new 30-year fixed in 2001 and got rid of their PMI at 80% loan-to-value, dropping their house payment by $400 per month. A year later, mortgage rates improved again, and they refinanced to 3.25% and this time, they decided to go with a 15-year fixed rate loan because they could easily afford the PITI payment of $1,700.

They were both making around $90,000 per year in 2002 and they had a great deal going on child-

care for the three little kids they had produced over the seven years since the wedding, because both his mom and her dad were retired, and both lived in Vacaville. Jack worked one 24-hour day on and two days off, and Diane had a sweet 32-hour per week schedule.

They paid off their home in 2017 at only 48 years old and in 2020 did a cash out REFI for $200,000 on a 15-year fixed at a 2% rate to totally remodel their home top to bottom and paid cash for a solar system. They were now making $25,000 per month and their total house payment was only 7% of their monthly gross income.

Their 401k plans had grown to well over $1.2 million by 2020, Jack was 100% vested in his CAL PERS retirement and planned to

remain on the job till he was 55, and this lucky couple was sitting on over $200,000 in their bank and brokerage account in cash reserves. The two oldest kids were now in college and the youngest was doing extremely well in high school and overcoming the challenges of having down syndrome. Is this story about luck and privilege or is it simply about hard work?

Jim Porter, NMLS No. 276412, is the branch manager and senior loan adviser of Solano Mortgage, NMLS No. 1515497, a division of American Pacific Mortgage Corporation, NMLS No. 1850, licensed in California by the Department of Financial Protection and Innovation under the CRMLA / Equal Housing Opportunity. Jim can be reached at 707-449-4777.

Jim Porter

Tim Jones

How to determine if it’s time to downsize

Individuals work hard to save enough money to purchase their homes. And the hard work doesn’t end there. Once homeowners settle into a new home, they may set their sights on renovations that suit their individual needs. And even when buyers find a home that needs no such work, maintenance requires homeowners’ utmost attention.

All that hard work is perhaps one reason why seniors may be a little reluctant to downsize as they advance through their golden years. In addition to the sweat equity homeowners put into their homes, all the memories they’ve made within their walls can make it harder to put a home

Downsizing is a difficult decision that’s unique to each homeowner. Seniors who aren’t quite certain if downsizing is right for them can consider three key factors to make a

Perhaps no variable affects senior homeowners’ decisions to downsize their homes as much as cost. No one wants to outlive their money, and downsizing to a smaller home can help seniors reduce their monthly expenses by a significant margin. Even homeowners who have long since paid off their mortgages can save substantial amounts of money by downsizing to a smaller home or even an apartment or condominium. Lower property taxes, reduced insurance premiums and the need to pay for fewer repairs are just some of the ways downsizing can save seniors money.

Many people love the extra space that single-family homes provide. But seniors can take a walk through their homes and see how many rooms they still use on a consistent basis. If much of the home is unused, seniors can probably downsize without adversely affecting their daily lives.

The real estate market is another factor to consider when deciding if the time is right to downsize. A seller’s market can help seniors get the biggest return on their real estate investment, potentially helping them make up for meager retirement savings. For example, home prices skyrocketed across the country during the COVID-19 pandemic, making that a great time for sellers to put their homes on the market. Seniors selling to downsize may capitalize on such spikes since they won’t be looking to turn around and buy larger, equally expensive homes once they sell their current place. If the market is down and seniors can withstand the work and cost a little longer, it may be best to wait until things

Downsizing requires careful consideration of a host of variables. No two situations are the same, so seniors should exercise due diligence to determine if downsizing

Downsizing to a smaller home can help seniors reduce their monthly expenses by a significant margin.

Grand Opening - Open Hous e Event

Lone y & Worley Team invites you to join us at 1212 Essex Drive, Fair eld • Sunday 11:00 AM-1:00 PM

This is a charming single story with views. Desirable floor plan that offers 4 bedroom’sbedroom closets have built-in organizers. Also offer’s 2 full bathrooms, a great room with fireplace and updated kitchen. Eat-in kitchen was updated approximately 5 years ago. Newer Carrier AC unit. Water heater is 4 years old. Roof and gutters were replaced approximately 5-6 years ago. Newer raised panel doors throughout. Stamped concrete patio installed recently. Several fruit trees in the backyard. Landscaping is on a drip & sprinkler system. All appliances can be conveyed with sale including the washer, dryer and stainless steel refrigerator. The 2 car garage has shelving for ample storage. Offered at $499,000

Fully hosted event by Alicia N. Worley, Realtor (707) 344-1300 Lic# 01322884 and Zachary. S. Loney (707) 430-3335 Lic#02115130

www.loneyandwor leyteam.com

“Your Local Top Producers with Over 28 Years each in the Real Estate Industry-Luxury Estates, Wineries, Vineyards, Commercial, Developments and Residential S ales.”

Zachary S. Loney (707) 430-3335 Lic#02115130

Solano County Listings: Homes for sale

LOTS & LAND

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Steps to take before applying for a mortgage

Ahome is the single biggest purchase most people will ever make. That’s perhaps become even more true in recent years, when the cost of homes has increased dramatically.

The sticker price of a home may come as a shock to first-time buyers, but few homeowners purchase their homes in cash. Mortgages are a vital component of home ownership for the vast majority of buyers. Mortgages are loans obtained through the conveyance of property as security. When homeowners pay off their mortgages, the title of the property officially transfers to them from their lenders.

Though most homeowners utilize mortgages to buy their homes, that does not mean the process is the same for everyone. A host of factors affect mortgage terms, and there’s much prospective homeowners can do to secure the best agreement possible.

· Recognize why a low interest rate is important

Mortgage interest rates have drawn considerable attention in recent years, as rising inflation has led to rates that have reached their highest point in more than a decade. Even a seemingly small difference in interest rates can save or cost homeowners thousands of dollars, if not tens of thousands, over the course of a loan. For example, the financial experts at Bankrate. com note that the difference between a 5.5 percent interest rate and a 6 percent interest rate on a $200,000 mortgage is roughly $64 per month.

That might not seem like a lot, but over the course of a 30-mortgage the borrower who

gets the 6 percent loan will pay in excess of $23,000 more in interest than the borrower who secures the 5.5 percent loan. Recognition of the benefits of securing the lowest interest rate possible can motivate prospective buyers to do everything in their power to get a low rate.

· Work on your credit score

So how can borrowers get the best possible rate? One way to go about it is to improve credit scores. Average mortgage interest rates vary signifi-

cantly by credit score, with higher scores earning borrowers significantly lower rates. According to data from FICO, as of mid-February 2023 borrowers with a FICO score of 760+ earned an average interest rate of 6.06 percent, while those with scores between 620-639 secured an average rate of 7.65 percent.

By bolstering their credit scores before applying for a mortgage, prospective homeowners can improve their standing in the eyes of mort-

gage lenders, which can potentially save them tens of thousands of dollars over the life of the loan.

· Identify how much you want to spend

Prospective home buyers may be approved to borrow much more money than they think they will qualify for. That’s because lenders do not consider factors like utilities, insurance, day care, or other expenses everyone has.

That means it’s up to

borrowers to determine how much those expenses will be, and how much they should be spending on a home. Though it might be tempting to borrow up to the amount lenders approve you for, in general it’s best to stay below that amount so you can capably meet all of your additional obligations.

Mortgages enable millions of people to buy homes each year. Some simple steps before applying for a mortgage can help prospective homeowners secure the best terms.

Voted

JIM AND DARLA STEVER

as one of the Top 10 Real Estate offices, Top 5 Realtors and Top 3 Property Managers

Signs a home exterior needs updating

Renovations are a great way for homeowners to reshape their homes. Some may aspire to renovate so their home is more reflective of their personal taste, while others may do so in an effort to make their homes better align with modern styles and sensibilities. Regardless of why a homeowner chooses to renovate, the need to do so is often evident to the naked eye, especially when the time comes to update home exteriors.

Curb appeal is often discussed in regard to the effects it can have when selling a home. But curb appeal is equally important for homeowners who aren’t putting their homes on the market. A well-maintained, aesthetically appealing home is a source of pride, while a home with fading curb appeal can make homeowners feel a little sheepish. Homeowners who want their homes to maintain their curb appeal can look for signs that it’s time to update their home exteriors.

• Curling shingles: The roof may not be the first thing people think of when pondering curb appeal, but a damaged roof can contribute to problems that ultimately affect the exterior and interior of the home. Multiple curling shingles indicate it’s time to replace the roof. The sight of curling shingles is not pretty, but the larger issue in such instances is the potential for costly water damage when water gets in through the affected shingles.

• Dated entry door: Many home improvement experts insist they can determine when a home was built or most recently renovated simply by looking at the front door. Steel and glass doors are popular in modern homes, so homeowners with front doors

with ornate designs and oval glass inserts can likely benefit from an upgrade to their entryway. A modern front door can make a statement and real estate experts note how popular updated front doors are among buyers.

• Unsightly landscaping: It’s not only the physical components of the home that may suggest an update is necessary. Homeowners without a green thumb may have exterior landscaping that

has seen better days. If a spring or summer day spent tending to your landscaping is not your ideal weekend pastime, then consider replacing unsightly landscaping with low-maintenance plants or hardscaping. These alternatives to more needy plants can create curb appeal without requiring any extra work for homeowners.

• Cracked driveways/walkways: If the driveway looks like a busy road at the end of snow

plowing season, chances are that’s adversely affecting the impression people have of your home. In addition, cracked walkways indicate a need for renovations, as these areas are front and center when welcoming guests.

Updating a home’s exterior can restore curb appeal and help homeowners feel better about their properties.

ABOVE: Upgrading a driveway and walkway is one way to update a home’s exterior and estore its curb appeal.

METRO CREATIVE PHOTO

What to know about landscape lighting

Renovations are a great way for homeowners to reshape their homes. Some may aspire to renovate so their home is more reflective of their personal taste, while others may do so in an effort to make their homes better align with modern styles and sensibilities. Regardless of why a homeowner chooses to renovate, the need to do so is often evident to the naked eye, especially when the time comes to update home exteriors.

Curb appeal is often discussed in regard to the effects it can have when selling a home. But curb appeal is equally important for homeowners who aren’t putting their homes on the market. A well-maintained, aesthetically appealing home is a source of pride, while a home with fading curb appeal can make homeowners feel a little sheepish. Homeowners who want their homes to maintain their curb appeal can look for signs that it’s time to update their home exteriors.

· Curling shingles

The roof may not be the first thing people think of when pondering curb appeal, but a damaged roof can contribute to problems that ultimately affect the exterior and interior of the home. Multiple curling shingles indicate it’s time to replace the roof. The sight of curling shingles is not pretty, but the larger issue in such instances is the potential for costly water damage when water gets in through the affected shingles.

· Dated entry door

Many home improvement experts insist they can deter-

AMERICAN HOME WEEK

Snapshot of the market in Solano County and interest rates

We are seeing a very unusual dynamic in Solano County’s Real Estate Market here over the last few years. The biggest question I get is, “What is going to happen to the housing market, is it going to crash like 2008 and what will happen to interest rates?”

Well, let me tell you my opinion. I think prices will continue to ease down, not plummet, as long as interest rates go higher and or stay higher. Our inventory remains tight. Why? Because of the many people we refinanced into 2% and 3% loans are reluctant to sell and move into substantially higher payments, caused by higher property tax payments and higher interest rates.

to a payment buyers can afford, it is just a matter of time. As long as the inventory stays tight, and interest rates stay high, the lower end SFR’s will slowly move down in price, and the upper end prices, will fall a bit faster.

mine when a home was built or most recently renovated simply by looking at the front door. Steel and glass doors are popular in modern homes, so homeowners with front doors with ornate designs and oval glass inserts can likely benefit from an upgrade to their entryway. A modern front door can make a statement and real estate experts note how popular updated front doors are among buyers.

· Unsightly landscaping

It’s not only the physical components of the home that may suggest an update is necessary. Homeowners without a green thumb may have exterior land-

scaping that has seen better days. If a spring or summer day spent tending to your landscaping is not your ideal weekend pastime, then consider replacing unsightly landscaping with low-maintenance plants or hardscaping. These alternatives to more needy plants can create curb appeal without requiring any extra work for homeowners.

· Cracked driveways/walkways

If the driveway looks like a busy road at the end of snow plowing season, chances are that’s adversely affecting the impression people have of your home. In addition, cracked walkways indicate a need for renovations, as these areas are front and center when welcoming guests. Updating a home’s exterior can restore curb appeal and help homeowners feel better about their properties.

It simply puts them into an uncomfortable monthly payment bracket, so they are staying in their current homes and renovating or freshening their homes up. The builders are not building as fast as they can because they do not know what lies around the corner, Higher Rates and Economic instability are two big factors that drive their decisions, both of which are difficult to predict right now.

We are seeing big time competition in the lower end of the Single Family Housing, SFR, market because of first-time buyers and investors, who are getting all time high rents, are both bidding on them. Once you push up over 750K price, it becomes very difficult to sell unless you can catch a buyer who has all cash or a big cash down payment, so that market will come down more till we get buyers who can afford the payments bidding on them, the market will correct its self

Interest rates are another story, as I type this, VA and FHA are in the lower to mid-6s and Conventional is in the upper 6 to 7% range depending on down payment and FICO Scores. I expect the FED to take another .25% increase in the FED Funds rate in June, which is rate that they charge banks to borrow from them. This will push the prime rate up .25% and will push up credit card interest rates, which are currently at all time highs and savings balances are close to all time lows.

If our congressmen can keep the dept ceiling at a low enough number and if they take the .25% increase next month, it is possible the bond traders could feel comfortable enough that inflation could start to go down, thus improving mortgage interest rates. If not, we would need to wait till the economy starts to slide downwards, just a matter of when and how much, till we see lower rates in the future.

One other last comment: There are some good first-time buyer programs out there, one recent one is an FHA loan, and they supply a 3.5% second loan, that you MUST make payments on, which covers your down payment, so on a $425K home if you can get $10K from the seller for closing costs, you could come in with less than $5,000 to close the deal

See Kalis, Page 19

George R . Kalis

ABOVE: Landscape lighting has transformed how people see and enjoy their properties at night.

Jones

From Page 4

In that case you have two choices.

The first is to just live with the problem until the pool is done and then sue for the cost of fixing everything. If the cost is under $10,000 you can go to small claims court. Otherwise a more traditional lawsuit is necessary.

The second is a more unusual procedure but may be worth it if

your estimate of the damages is going to be high.

In that case you can go to court now and ask for an injunction ordering the digging to stop. That can be done relatively quickly.

An injunction is simply an order from the court that someone do, or in this case stop doing, something.

Injunctions are issued when the court is convinced the harm being caused is unreasonable and, from a practical perspective, irreparable.

You are losing the enjoyment

of your backyard. Even if that’s a temporary problem you theoretically can’t get back the time you’ve lost and so you’re eligible to ask for an injunction.

I’d start by waiving the civil code in your neighbor’s face. If that doesn’t work, you’ll have to choose Option A or Option B.

Tim Jones is a real estate attorney in Fairfield. If you have any real estate questions you would like to have answered in this column, you can send an email to AllThingsRealEstate@ TJones-Law.com

Kaliss

From Page 16

and then start making payments of around $3,800 a month. So if you make good money, but do not have a lot for down payment, this is a good way to get into a home and pay your own mortgage payment, not someone else’s mortgage payment.

Annie Vogelpohl BROKER, CAL BRE #00705450

George R. Kalis is the brokerowner of Network Independent Mortgage Brokers.