Q. We are looking at new homes in South Carolina, and we noticed that some are built on a slab, and others have crawl spaces. Is one better than the other?

A. Traditionally, houses in South Carolina have been built on raised foundation walls to keep the structure away from the ground, but with the advent of newer technologies, more and more builders are choosing to build homes with concrete slab foundations. Briefly, a house with a crawl space has a wooden floor built on foundation walls and piers that can be anywhere from about two to six feet off the ground depending on the slope of the lot. In this type of house, the utilities such as plumbing, electrical and HVAC can be run under the floor, and are accessible for repair or renovation. The crawl space has fresh air ventilation, but is closed to insects and animals. This type of construction requires stairs for access. A slab-built house, or patio home, is built directly on a reinforced concrete slab foundation. This slab rests directly on the ground, and the utilities are run under the slab and brought up into the structure wherever needed. The heating and air ducts are routed through the attic in most cases. This type of construction requires no stairs for access. With a house built up off the ground, modest amounts of water entering the crawl space during rainstorms is not usually a problem, because it runs right through or evaporates through the fresh air vents. With a slab house, there is very little tolerance for water draining against the structure, because it will find its way into the house. If you are considering buying a patio home, pay careful attention to the lot drainage. The choice between the two types of construction is largely a matter of personal preference unless someone in your family has difficulty climbing stairs in which case, a slab-built home would be your best choice. Regardless of which type of house you choose to purchase, it would be wise to get a thorough home inspection from the most competent inspector in the area.

Q Our home inspector recommended that we install a chimney cap on the older home that we are buying. The chimney has not had a cap in it’s 60 plus year life, so why put one on now?

A In my practice as a home inspector, I always recommend the installation of chimney caps. Chimney caps serve a variety of purposes. They keep animals such as birds, squirrels and rodents from entering the chimney and in some cases the crawl space. A 60 year old home may have had an oil-fired furnace in the crawl space or basement which would have been vented through the chimney. The vent pipe opening provides direct access for critters. It is not unusual for rodents to crawl down through the chimney into the crawlspace seeking a warm place to nest. Chimney caps also keep out rain and debris such as leaves that can collect in the flu. Chimney caps also serve as spark arresters. Most caps are not expensive, and your local chimney sweep can recommend the one that is best for your chimney.

As of December 2007, bankruptcy filings are up 28% from last year and are expected to increase in 2008 due to the combined factors of high household debt and rising mortgage costs. American Bankruptcy Institute

This is the article that no one hopes to need and we would prefer not to write. The word 'bankruptcy' is weighed down by such doomsday words as failure, defeat, impoverishment...well, you're getting the depressing idea. However, it is not 'the end of the world' to declare bankruptcy. Instead of running away from this topic, it is time to demystify bankruptcy with a little 'Bankruptcy 101.'

What is bankruptcy?

For most people, bankruptcy is a way to get a fresh start after acquiring too much debt. Most individuals who file for bankruptcy will file under Chapter 7 or Chapter 13. Depending on which is filed, one may get most of their debt erased or work out a workable solution with lenders to pay off existing debt.

Are bankruptcy laws determined by Federal or State government?

Bankruptcy laws are made by the Federal government. States can pass laws that protect the "lender and debtor relationship" but they cannot regulate how a bankruptcy is processed or if it is to be granted.

Can all debts be erased?

No. Whichever type of bankruptcy is filed, there are certain debts that cannot be erased at all. These include alimony, child support, most student loans and legal judgments against fraud or criminal negligence such as a drunk driving accident. Some taxes may be erased, but not all. In fact, taxes have their own set of bankruptcy rules.

Do I need a lawyer?

When filing for bankruptcy it is important to find a bankruptcy lawyer who can help you navigate the process. Bankruptcy lawyers specialize in this area of law and are familiar with the distinct differences and effects of the process; they can be your greatest ally in a tough, seemingly bureaucratic system.

How long will bankruptcy effect my credit?

Bankruptcy will stay on your credit report for 10 years. There are ways to improve your credit rating and make yourself more appealing to lenders. For more information on this, check out this useful website: www.lifeafterbankruptcy.com. It is not an easy road back and those filing for bankruptcy should have a realistic expectation to work hard at their future spending practices.

Do I have to do debt counseling?

Yes. Under the new bankruptcy act passed in October 2005, it is now required that all persons applying for bankruptcy meet with a government qualified debt counselor first. After one has successfully filed for bankruptcy, the debtor must again meet with a counselor before the bankruptcy file will be closed.

What is Chapter 7 bankruptcy? (In a nutshell)

Chapter 7 bankruptcy is also known as a "liquidation of debt." A person can file for Chapter 7 every 8 years. This usually involves the liquidation of property to pay back debts. An appointed trustee sells all secured, non-exempt property for the debtor and distributes money raised among the lenders. Unsecured debts, such as credit card bills and most medical bills can be erased. This may mean the loss of secure debts such as a home. However, most states do have protections for debtors in place to insure they may keep life necessities such as clothing and some furniture. Retirement funds such as IRA's are also protected and debtors may keep these as well. After the changes to bankruptcy law in October 2005, many debtors may not get approved for Chapter 7 and be required instead to apply for Chapter 13. In short, if you still have an income and make more than the median for a household of your size in your state you may have to file for Chapter 13. To find out if you should be filing for Chapter 7 or Chapter 13, you can use a mean calculator like the one at legalconsumer.com. Again, this is where consulting a lawyer becomes very important.

What is Chapter 13 bankruptcy? (In a nutshell)

Chapter 13 bankruptcy is also known as a "reorganization of debt" or the "wage earners' plan." One can file for Chapter 13 more often as long as any previous filings are already closed. This is the bankruptcy for those trying to a find a way to get out of debt but still expect to pay off some of their debt. Generally speaking, if you still have a source of income and could make payments, just not the high ones you have now, you can be restructured into a debt payment plan under Chapter 13. This is the most likely to be used to try to stop a mortgage foreclosure. In this scenario, you can keep the house, car and more than you could under Chapter 7. There are limits to the amount of debt that can be restructured. If one is above those limits they would file under Chapter 11, however, the average American Joe/Jane is not in this category.

More Resources
US Department of Justice - US Trustee Program
www.usdoj.gov/ust/
A complete listing of approved credit counseling agencies is available through links on this Web page. [Listed by state.] www.usdoj.gov/ust/eo/bapcpa/ccde/cc_approved.htm
A complete listing of approved providers of financial management instructional courses is available through links on this Web page. [Listed by state.] www.usdoj.gov/ust/eo/bapcpa/ccde/de_approved.htm

American Bankruptcy Institute
www.abiworld.org
The American Bankruptcy Institute is the largest multi-disciplinary, non-partisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues.

Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
www.govtrack.us/congress/bill.xpd?bill=s109-256

Bankruptcy Action
www.bankruptcyaction.com
The objective of this website is to provide the person, thinking about filing bankruptcy, the information he or she needs to make an informed decision.

Lawyers Listings
www.lawyerslistings.com/about.shtm
Our mission is to present to the Internet community an easy-to-use site in which to search for law firms and individual lawyers.

Life After Bankruptcy
www.lifeafterbankruptcy.com
On this website you'll discover everything I did to recover so quickly...and many other bankruptcy recovery and credit repair strategies you'll find nowhere else.

NOLO Bankruptcy Library
www.nolo.com
Nolo is your legal companion, empowering you and saving you money whenever the law touches your work, life or finances.

US Courts - Bankruptcy Basics
www.uscourts.gov/bankruptcycourts/bankruptcybasics.html 
Bankruptcy Basics provides basic information to debtors, creditors, court personnel, the media, and the general public on different aspects of the federal bankruptcy laws.

What can you do to prevent Bankruptcy?

1. Continue to take care of essential bills first: mortgage/rent, taxes, child support, and utility bills.
2. Eliminate frivolous expenditures. No more department store credit cards, cable TV, magazine and newspaper subscriptions, etc. Be honest about what you can live without with for a while. 
3. If you own your home, consider a home equity loan to get rid of high rate debts such as credit cards.
4. Watch your credit report. Close unused accounts, check for errors and resolve any questions with lenders immediately.
5. Know the warning signs: -Are you using credit cards to pay off bills or credit cards? -Are you borrowing against unprotected debt? i.e. Are you borrowing from a credit card to pay the mortgage? When you see you are bouncing debt around and not making any headway, it is a good time to look at credit counseling.
6. Warning about credit counseling: If you choose to do debt consolidation recognize that it will effect your credit score. Also, make sure you understand how the payments will work and if you can really make the payment - sometimes they are set too high!
7. Avoid aggressive lenders. If you begin to get offers for loans that sound too good to be true - they are! There has been a big push to penalize aggressive lenders who only help people acquire more debt. However, they are still out there and you should be a careful shopper of any loans you take.

Recently I was asked to inspect a vacation home in North Carolina. The owners said that the garage had suddenly developed a mildew problem which had never occurred in the 100 plus year life of the house. What I found was that water was running under the walls of the garage and collecting in the storage closet area. Since the garage had been closed for about four months, the mildew problem was quite severe. The owners said that they had never had this problem before, so I started by asking them what, if anything, they had done to alter the lot drainage. It turns out that they had hired an architect to design a screened porch on the flat roof of the garage, and had hired a local contractor to build it. My first question was; did the original garage have gutters? They said that it had some kind of drain in the flat roof which drained the water off the back corner of the structure. The original garage did indeed have a scupper feeding into a downspout which drained the water downhill from the structure, but this was abandoned when the porch was built. It didn’t take me long to realize that all the water falling on the gabled roof of the new porch was draining along the sides of the garage and running under the old walls. They solved the problem by installing gutters along both sides of the garage with downspouts to channel the water away and downhill from the structure. Gutters can sometimes be difficult to keep clean, but they do a very good job of keeping water away from the house.

Galvanized pipes have a general life expectancy of 50 years, but this can be shortened considerably by the amount of minerals in the water supply. Columbia has naturally soft water, and galvanized pipes here tend to last longer. Other areas of the country such as Southern California have rather hard water, and as a consequence, galvanized pipes won’t last as long there. Two things happen to galvanized pipes as they age.

First, minerals tend to slowly build up on the inner walls of the pipe decreasing the inside diameter. In extreme cases, this can slow the water flow to a trickle.

The other common problem with galvanized pipes is corrosion at the joints. In the process of cutting the threads for the pipe fittings, the protective galvanizing is cut away exposing bare metal. Over time, these threaded joints will corrode and eventually break. In the case of your 80 year old house, if the pipes are original I would definitely consider replacing them. If you are not sure how old they are, I recommend that a qualified home inspector examine them and look for signs of corrosion at the fittings, and check for low water flow at all of the faucets.

The Appraisal Foundation - USPAP (Uniform Standards of Professional Appraisal Practice) defines an appraisal as "The act or process of developing an opinion of value." This valuation is a determination of your property's market value - what it will likely sell for on the open market. So how is this "valuation" determined? Why does the idea of getting an "opinion of value" create so much apprehension about the process? What can you do to make your home appraise better, if anything?

What do you do if your home doesn't appraise well?
elow are commonly asked questions that hopefully will give some clarity about home appraisals. What is a home appraisal? A home appraisal is a survey of a home by a professional for their opinion of the property market value. In most cases an appraisal is done for a bank when a home is being approved for a loan for the home buyer. The home appraisal is a detailed report that looks at such items as the condition of the home, the neighborhood, what similar homes are selling for, and how quickly similar homes sell (to name a few). The appraisal may be a sales comparison or a cost/replacement opinion of value. There is also an income appraisal, but this is done primarily with commercial properties. The sales comparison will look at other properties in your neighborhood and what they are selling for and then figure how they compare to your home. With a cost/replacement opinion of value the appraiser is looking at what it would cost to replace the home if destroyed; this is more commonly used for new homes.
Important Note: An appraisal is not a home inspection! Appraisers only look for major concerns, they do not examine the home's full condition (i.e. examine the roof, appliances, etc.). For this reason a home inspection should still be requested by the home buyer before purchasing the home.

Who is an appraiser?
Appraisers are licensed by individual states and are held to strict ethical standards. Appraisers are the third party whose purpose is to give their opinion of the market value of a home. Ideally the appraiser should not be connected with anyone involved with the home transaction.

Who picks the appraiser?
When an offer is made on the house the appraiser will normally be determined by the lender. The lender may have their own appraiser or contract with an independent party. Sometimes the bank will allow the seller to choose an appraiser, but only when that appraiser is already well known to them.

Can the seller get their own appraisal done?
Yes. The home seller may commission their own appraisal before selling the property to determine cost. However, this will cost anywhere from $300-500 and the bank most likely will not accept this appraisal but request another to be done by their own contact.

If not by appraisal, how do I set the price for my home?
Home sellers can set the price of their home with the help of a REALTOR(r) using a comparative market analysis (CMA); the CMA is not a substitute for an appraisal but will give a good idea on setting an asking price (usually 5-10% more than the market price for your area).

How can you prepare your home for appraisal?
Prepare for your home appraisal like you would for a home sale. You are in essence re-selling your home. Make sure all the maintenance you can do is done; this includes clearing and trimming the yard to painting the house - hopefully most of this was already done for the sale and should at most need only a minor touch up. Be polite to the appraiser and give them full access to your home; work with them not against. Inform the appraiser of your home improvements. Let them know about the new windows, new floors, the finished basement, etc. And finally, don't be caught off guard. Do your homework! Know what similar homes are selling for in your neighborhood. This is something that should be done before setting your selling price. But in case your home has been on the market for a month or two, keep your research current. Let the appraiser know about similar homes and what they have sold for, especially if you know why a particular home that is like yours sold for less, let them know why your house is different.

What if the appraisal is low?
An appraisal that comes in lower then the asking price can jeopardize the loan and ultimately the sale. The lender will generally only loan up to 80% of the appraisers opinion of the home's value. The most common result is that the seller can lower their asking price. Or the seller and buyer can negotiate and meet at a price in-between. If the buyer still wants the home badly enough, they may put more money down; but this may still not guarantee their loan as the lender will still view it as negative equity. The final option is to dispute the appraisal. Before disputing with an appraisal, do your homework. Look at the homes in your community that have sold in the last 6 months and see what the differences are that may make your home more valuable. Perhaps there is a sale that the appraiser missed, perhaps other homes do not have the renovations and improvements you have done, perhaps the appraiser is not familiar with your type of home or neighborhood, etc. Building this case may be a good idea even before the appraisal. This will prevent you from getting rushed by the timeline after the appraisal is done. This is something you can ask for your REALTOR(r) to help with as they usually have a vast knowledge of your market area. Once you have the case, present it to the lender. They will likely get a new appraiser or request the same appraiser to reconsider it. If you do not want the same appraiser, make sure to specify this and ask for a second opinion.

What other aspects of the appraisal can hurt the loan?
By in far, the appraisers opinion of the home's value being lower than the asking price is the most detrimental. However, other factors may cause the lender to refuse the loan or require further contract negotiations. These concerns would result from property conditions that may require the home buyer to do more investing in the property to keep it valuable, such as upkeep on a private road. Your REALTOR(r) can help you with these types of objections and altering the contract to meet the lenders concerns.

The above is an introduction to answer some basic questions about the appraisal process. Please look at the links to the left for more detailed information. Now, if you are interested in what your home may be worth, check out Zillow for fun! This online program uses Google Maps to show what homes in your neighborhood are selling for or may be worth. Of course, I would suggest caution as the opinion of value given for most homes is rather high: http://zillow.com/ Happy appraising!