Mortgage Basics - APRfinder · on all housing related expenses (mortgage payment, insurance, real...

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Mortgage Basics Copyright @2012

Transcript of Mortgage Basics - APRfinder · on all housing related expenses (mortgage payment, insurance, real...

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Mortgage Basics

Copyright @2012

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Mortgage Basics APRfinder.com 1

Mortgage Basics

Copyright © 2012 APRfinder.com

Notice of Rights

All rights reserved. No part of this guide may be reproduced, stored in a retrieval system, or

transmitted in any form or by any means without the prior written permission of the publisher,

except in the case of brief quotations included in critical articles or reviews.

Notice of Liability

The author and publisher have made every effort to ensure the accuracy of the information

herein. However, the information contained in this guide is provided without warranty, either

express or implied. Neither the authors and APRfinder.com, nor its dealers or distributors, will

be held liable for any damages caused either directly or indirectly by the instructions contained

in this guide, or by the products or services described herein.

Trademark Notice

Rather than indicating every occurrence of a trademarked name as such, this guide uses the

names only in an editorial fashion and to the benefit of the trademark owner with no intention of

infringement of the trademark.

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Table of Contents

Table of Contents Mortgage Basics ........................................................................................................................................ 1

Notice of Rights ..................................................................................................................................... 1

Notice of Liability .................................................................................................................................. 1

Trademark Notice ................................................................................................................................. 1

Table of Contents .......................................................................................................................................... 2

1) Is it better to Rent or Buy a Home? ...................................................................................................... 5

Rent vs. Buy ............................................................................................................................................... 5

Pros of Home Ownership: ..................................................................................................................... 5

Cons of Home Ownership: .................................................................................................................... 6

How much can you afford? ....................................................................................................................... 6

2) Different Types of Mortgages ............................................................................................................... 7

Types of Loans ........................................................................................................................................... 7

Fixed Rate .............................................................................................................................................. 7

Adjustable Rate (ARM) .......................................................................................................................... 7

Interest Only ......................................................................................................................................... 8

Subprime ............................................................................................................................................... 8

3) Different Types of Mortgage Lenders ................................................................................................... 9

Types of Lenders ....................................................................................................................................... 9

Mortgage Bank ...................................................................................................................................... 9

Mortgage Broker ................................................................................................................................... 9

Internet Lender ..................................................................................................................................... 9

Credit Union .......................................................................................................................................... 9

Home Builder ...................................................................................................................................... 10

4) Your Credit Score and How Interest Rates are Set ............................................................................. 11

Credit Score ............................................................................................................................................. 11

1) Length of Credit History .................................................................................................................. 11

2) Past Delinquencies .......................................................................................................................... 11

3) Use of Credit ................................................................................................................................... 11

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4) Credit Mix ........................................................................................................................................ 11

How Interest Rates are Set ..................................................................................................................... 12

5) Home Loan Downpayment, Points, and Mortgage Insurance ............................................................ 13

Down Payment ........................................................................................................................................ 13

Mortgage Insurance ................................................................................................................................ 13

Points ...................................................................................................................................................... 13

6) Applying for a Home Mortgage Loan .................................................................................................. 15

7) After Submitting a Mortgage Application ........................................................................................... 17

Underwriting ........................................................................................................................................... 17

Home Inspection ..................................................................................................................................... 17

Mortgage Application Denied? ............................................................................................................... 18

1) Find out why ................................................................................................................................... 18

2) Request a second opinion ............................................................................................................... 18

3) Keep shopping. ............................................................................................................................... 18

8) Home Mortgage Loan Closing Process................................................................................................ 19

Just Before the Closing Date ................................................................................................................... 19

Parties Typically Involved on Closing Day ............................................................................................... 19

At the Closing Appointment.................................................................................................................... 20

Escrow Accounts ................................................................................................................................. 20

After the Closing Documents Have Been Signed .................................................................................... 20

Which Paperwork Should You Keep........................................................................................................ 21

9) Making Your New Monthly Mortgage Loan Payment ........................................................................ 22

Mortgage Servicer ................................................................................................................................... 22

Responsibilities of mortgage servicer: ................................................................................................ 22

Changes in Monthly Payment ................................................................................................................. 22

Fixed Rate Borrowers .......................................................................................................................... 22

Adjustable Rate Borrowers ................................................................................................................. 23

10) Refinancing Your Home Loan and Removing PMI .......................................................................... 24

Removing Private Mortgage Insurance................................................................................................... 24

Refinancing ............................................................................................................................................. 24

11) Avoiding Foreclosure ...................................................................................................................... 26

Foreclosure Process ................................................................................................................................ 26

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Foreclosure Alternatives ......................................................................................................................... 26

Repayment plan (catch-up) ................................................................................................................. 26

Loan modification ............................................................................................................................... 26

Short sale ............................................................................................................................................ 27

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1) Is it better to Rent or Buy a Home?

Often the first decision a person ponders when considering owning a

home is whether it is “best” to rent, or to buy. While it is impossible to

give a blanket statement on which is “better”, it is possible to give an

outline of circumstances which may make one or the other more

favorable in your situation.

Rent vs. Buy

“The American Dream” more often than not includes the idea of home ownership. For many, the

prospect of owning a home has been a daydream since an early age. For this reason, it is not

simply a financial decision when debating renting or owning through buying, but an emotional

one as well.

If one were to look at a home as strictly a financial decision, than the math rarely points to

purchasing as a better option. Long term, the stock market outperforms returns on homes, and the

fees involved usually make owning a more expensive option than renting.

A main problem with home ownership is the combination of the fees incurred (down payment,

closing costs) as well as the mechanism by which a mortgage amortizes (is paid off). For the

most part, a homeowner will have sizable fees and expenses related to securing the home, fees

which do not exist in a typical rental. These fees, if spread across a lifetime, could make the

financial decision sway in favor of ownership, however, the fact remains that the average

American will ‘own’ their home for a mere 6 years (according to the National Association of

Realtors). For this reason, these fees are not spread across the typical 30 year mortgage and make

the cost of owning the home, and later selling the home, much higher.

In addition, the argument most commonly forged relating to ‘gaining equity’ in homes really

only happens toward the end of a mortgage. The way mortgages amortize (are paid down) is

structured so that in the beginning, much of the payment only goes to pay down the interest on

the loan, as opposed to paying down the principal (the actual loan amount). This creates a

situation where by the 6th year (in the average situation), the balance of the loan is very close to

what it was to begin with, as most of the payments have went towards paying down interest.

Combined with the selling costs associated with moving, very often the buyer is left with a

situation where they lose considerable money in the transactions, and have very little ‘equity

stake’ to make up the difference.

However, will all that said there are several benefits with owning your own home.

Pros of Home Ownership:

Gain equity in the house by paying down mortgage

Reap benefits of increasing home prices

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Tax deductions for interest portion of mortgage payment and real estate taxes

Locked in payment (if fixed rate mortgage)

Cons of Home Ownership:

High upfront costs

Total responsibility for repairs

Home could lose considerable value, yet must still maintain payments

How much can you afford?

When lenders look to the credentials of a potential borrower, one of the main factors they look at

is ‘capacity’, or the borrower’s ability to repay the loan. A key metric they use to determine this

is a debt-to-income ratio.

The most common way to determine the debt-to-income ratio would be termed the ‘front-end

ratio’. In this ratio, the lender determines how much of the borrowers pretax monthly income

would go towards the mortgage payment. Usually banks like to cap the total % of income spent

on all housing related expenses (mortgage payment, insurance, real estate taxes) to 28%.

For instance, if your monthly income was $5,000, the bank would be most comfortable with

housing expenses up to $1,400 (5,000 * 0.28).

Overall, the decision to buy or rent a home is not one which can be answered simply one way or

another. Each situation is unique; however, one of the most important pieces to keep in mind is

the length of time you plan to say at your new residence.

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2) Different Types of Mortgages

Once you have decided in favor of buying your home, the next decision

one must make is where to obtain the mortgage, and the type of

mortgage best suited for their situation.

With the ever increasing complexity and variety in mortgage options, it

is easy for one to be overwhelmed. The following article should provide

a brief overview of the common types of mortgages, property and home loans, and how each of

them works in the long run.

Types of Loans

Fixed Rate

Historically Fixed rate mortgages are the most common type of mortgages issued. The term for

these mortgages typically runs 30 years. Fixed rate mortgages offer constant monthly payments,

at a reasonable level, due to their extended length. Consumers are content knowing that the

payment will be the same regardless of variations in ‘key rates’ or other outside events. In times

of low interest rates, these mortgages are almost ubiquitous, as the payment will be very low, and

consumers are eager to lock in this low rate.

A decision many will ponder when approaching a fixed rate mortgage is the term. Should one go

with a 15 year or 30 year? The argument is often made to show how much interest will be saved

if one elects to go with a 15 year, however, is it the best choice?

Overall, most people would be best choosing the 30 year mortgage. This is simply due to the

flexibility it would provide. With a 15 year mortgage, the interest is much less over the length of

the mortgage because the monthly payments are significantly higher. Signing onto this term is

forcing the borrower to meet these higher payments each month. On the other hand, if one were

to elect the 30 year mortgage, there is nothing stopping them from paying more than their

‘assigned’ payment each month, and paying down the mortgage just as fast. In this scenario, the

borrower could make these high payments and reap the benefits of a 15 year mortgage, but is not

under the obligation to do so.

Adjustable Rate (ARM)

The next most popular type of mortgage is the adjustable rate mortgage, often referred to as an

ARM. With an ARM, the interest rate and the corresponding monthly payment change in sync

with changes in the overall market interest rates. These changes could be tied to various indexes;

however, the most common is the current yield on 1 year US Treasury bonds.

ARMs usually begin with a fixed-rate period, where the rate offered is below the rate offered on

traditional fixed-rate mortgages. This low rate, often called a ‘teaser rate’ can attract many

borrowers looking short term for the lowest monthly payment. After this fixed rate period, or

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‘honeymoon period’, the rate adjusts in correlation to the index the rate is tied to. The most

common length of honeymoon period is currently 5 years, with rate adjustments coming every 1

year after. This would be described as a 5/1 ARM.

However, ARMs do attract negative press, and often with good reason. If the interest rates rise

dramatically, the borrower could be left with payments double (or more) their original payments.

This sharp increase is difficult to budget for, and has lead to many foreclosures in the recent

years. If one was to pursue an ARM, they should be fully aware of the possible increases, and be

prepared to come up with additional funds each month.

Interest Only

Interest only mortgages, when used for residential lending, are typically bi-products of adjustable

rate mortgages. Many of the facts of the above ARMs hold, however during the fixed-rate period

the borrower is only required to pay the interest on the loan. Once this period is up, the rate

adjusts to the market rate, and the amortization (pay down) is accelerated to make up for the

period of no principal being paid down. These loans, while most common in commercial

settings, are sometimes used by high income individuals with significant variations in their

monthly incomes (commission-based).

Subprime

Subprime loans are typically issued to borrowers who have recent or ongoing credit issues.

Although the limit varies, many use a credit score of below 620 as the qualifying level at which a

loan will be “subprime”.

Using the low credit score of the borrower as an indication of risk to the lender, the rates will be

higher on subprime mortgages than the aforementioned options. In addition, while traditional

mortgages tend to be very similar in terms and rates across lenders, subprime loans can vary

widely depending on the specific credit situation of the borrower in question. For this reason,

consumers looking into subprime loans for real estate purchases would be even more prudent to

attain quotes from various lenders, as the payments and terms could be drastically different.

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3) Different Types of Mortgage Lenders

Just as the variety of mortgage options has increased overtime, as has

the variety of sources for the mortgages. It is no longer just the

neighborhood bank who supplies mortgage loans.

Regardless of where you go, there are a few questions that any potential

borrower should ask the lender:

1. Which of the mortgage options offers the lowest interest rate?

2. Is the interest rate quoted variable (will change) or fixed (will not change)?

3. If the interest rate is variable, when, and how much will it change? What is the highest it

can go?

4. Would providing additional documentation qualify me for lower interest rates?

Types of Lenders

Mortgage Bank

A mortgage bank would be the most ‘traditional’ lending source for a new mortgage. In this

situation, your local bank would review your documents, and make the decision whether to lend

the money. Although in the past this loan would then stay at this local bank, they are now most

often sold to the ‘secondary market’ or sold off to larger institutions, which then pool many

mortgages together for use in other financial instruments.

Mortgage Broker

A mortgage broker is a person who, in theory, will use their large knowledge of various lenders,

to match your circumstances with the best possible option. The mortgage broker will not

ultimately hold onto your mortgage, or lend any money, as they act merely as the middleman

between you and the ultimate loan originator.

Internet Lender

An Internet lender, much as the name implies, is a firm who uses the Internet to reach a large

demographic of people not in their confined geographical area. These lenders either loan money

directly, or shop around for the best rate, and match you, much like a mortgage broker. Either

way, given the lenders are from across the country (or globe) the rates can be more competitive.

However, a downside which many bring up is the lack of personal interaction, which, in times of

confusion or distress, there is no ‘person’ to go and have a face to face conversation with.

Credit Union

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A credit union is a nonprofit financial cooperative, with membership aimed at providing low

interest loans to its members. A main difference between a credit union and a traditional bank is

that credit unions often hold the mortgages in their own portfolio, as opposed to selling them to

the secondary market. For this reason, the credit unions do not need to cater their mortgages or

underwriting standards to the larger banks, and can often lend at times other banks cannot. If a

traditional bank cannot sell the mortgage to the secondary market, they will often not lend

whatsoever, regardless of the quality of the applicant. The credit union, not having to worry

about the later sale of their mortgages, can continue to lend, and are not reliant on a larger

institution.

Home Builder

Often, the home builders themselves will provide financing to attract home buyers to their

product. These builders typically have a mortgage subsidiary whose goal is to provide financing

to the buyers of their homes. These mortgages are often attractive to home buyers who cannot

attract more ‘traditional’ financing, as the builders are then the deciding factor in the loan.

Sometimes, even borrowers who would qualify for traditional financing will be drawn by a lower

rate, or added incentives to secure financing with the home builder. One must be careful

however, as these types of real estate loans from home builders have been in the news recently

for fraudulent lending practices. As with any lending institution be sure to fully review all the

details of the mortgage, or hire a professional to review them for you.

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4) Your Credit Score and How Interest

Rates are Set

After deciding on the best type of mortgage for your situation, and

choosing a lender it is necessary to understand what factors will

influence your monthly payment, and what one can do to ensure they

reach the best payment structure for their new home.

Credit Score

As discussed in the previous articles about the types of mortgages and lenders your rate for the

mortgage is based on the risk the lender feels that mortgage will be subject to. One way to

measure this risk is the credit profile of the borrower.

To analyze this, they will pull your credit score as well as credit history, and review each for

signs of what your previous financial behavior has been like. The factors the lender will take into

consideration are as follows:

1) Length of Credit History

Your credit score will show how long you have maintained each of your sources of credit, and as

a general rule, the longer your credit history, the more favorable it looks to the lender.

2) Past Delinquencies

Most lenders tend to predict future behavior from what they can observe from the past, which in

this circumstance is the number of late or delinquent payments on your credit report. The lender

will also take into account when these delinquent payments occurred, and the more recent these

appear, the worse for you as the borrower. Recent delinquent payments can negatively affect

your interest rate, and terms of the mortgage.

3) Use of Credit

Once the lender knows the amount of credit you have at your disposal, they will then evaluate

how much of that credit you are using. The closer you are to ‘maxing out’ the more risky you

will appear to the lender.

4) Credit Mix

The borrower’s mix of credit (revolving, installation) is also taken into account by the lender. If

the level is a blend, it is often viewed as less risky than solely credit card debt.

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Overall, the higher your credit score, the better your terms will be from the lender. This all goes

back to the risk profile associated with each borrower.

Before applying, it is important to know what is on your credit report, as there are sometimes

errors which could end up costing you in terms of your interest rate, and in turn, cold hard cash.

Once you obtain your credit report, it is important to do a few things:

1) Review the entire report for errors, or items which you do not recognize

2) Take note of delinquent or late payments

3) Remedy any outstanding balances

4) Ensure the accounts shown are actually yours

5) Pay down your credit cards

How Interest Rates are Set

A second important point many borrowers wonder is how the interest rates advertised by lenders

are set.

For the most part, the rates are not set by the individual lenders, but by the secondary markets,

the institutions buying the mortgages made by these lenders.

Rates are primarily determined relative to the current risk free rate. Typically, the 90 day US

Treasury bill is used for this benchmark. From here, the banks add premiums to this rate to

compensate for additional risks, as a mortgage is not ‘risk free’. These additional risks include an

inflation premium, a default risk, a liquidity premium, and a maturity premium.

So adding all these risks to the current 90 day US Treasury rate, the bank gets a ballpark idea of

the rate they will charge.

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5) Home Loan Downpayment, Points, and

Mortgage Insurance

The next issues to explore before applying for a mortgage are the

factors which will influence your upfront costs, and your monthly

payments.

Down Payment

Your down payment will ultimately influence the interest rate offered by the lender, as well as

your ongoing monthly payments.

In the past, the standard down payment was 20%. This in turn would mean the lender was

providing 80% of the purchase price, a level most felt comfortable at. Most lenders reasoned at

this level, if they were have to take the house back, they should be able to sell it for at least 80%

of what the borrower purchase it at, and recoup their investment.

However, in recent years, the down payment level had come down. It was not unheard of in peak

times (2006/7) that lenders would even go up to no-money-down mortgages. However, since the

housing collapse and subprime crisis most are back to down payments in the 10-20% range.

An important point to keep in mind is that just because the lender only required 10%; it doesn’t

automatically make that the best option for you. Often, a lender is willing to overlook a low

credit score, or offer a more favorable rate the more the borrower is willing to put down. Even a

small change in the rate offered can make huge impacts over the life of a mortgage, so it is

important to pursue all options offered by the lender, and discuss the impacts of offering more

upfront in the form of a down payment.

Mortgage Insurance

If you do decide to put less than a 20% down payment, the lender will require a guarantee that

they can recoup their investment in event of a default. This guarantee will come in the form of

mortgage insurance, often referred to as private mortgage insurance (PMI). With PMI, the

borrower is required to pay a premium each month, to protect the lender against default. In the

case where the borrower is unable to pay the mortgage, the PMI ensures that the lender will still

be paid in full. Most often, this premium is included in the monthly payment the borrower

makes, and is arranged by the lender.

Points

An option often presented by lenders is the concept of ‘points’ and various arrangements of

points and rates.

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A point is a fee which equals 1% of the loan amount. For instance, on a $200,000 mortgage, 1

point would be equal to $2,000, and 2 points would be $4,000, etc.

Typically, the lender has two variations of ‘points’:

The first, ‘origination fee’, is a fee charged by the lender to cover costs of securing the loan. This

fee is usually quoted in terms of points.

The second, ‘discount points’, is prepaid interest on the loan. The more points the borrower is

willing to pay up front, the lower the rate of their mortgage will be over the life of the loan.

Although discount points add upfront costs to the mortgage, the reduction in rate over the course

of the loan can often more than make up for this fee.

An important piece to keep in mind when debating points, is the positive impact of paying

upfront points is realized over the course of the loan, and not quickly. For this reason, you must

be fairly certain you’ll remain in that house for an extended period of time; otherwise points will

not prove financially beneficial.

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6) Applying for a Home Mortgage Loan

Once you’ve reviewed the variety of lending options, and what factors

will go into your mortgage payment, it is time to apply for the

mortgage.

Before heading in to apply for your mortgage, make sure you are aware

of the paperwork that most lenders are going to require you provide for

your application:

1. Tax Returns and W2

2. Name and address of employer

3. Social security card or number

4. List of all current creditors (credit cards, student loans, child support, car loan, etc.)

5. Investment accounts

6. Home sales contract if you already have the home picked out

7. Government issued ID card

Lenders may require more or less documentation than this, but as a guideline, be prepared to

present all the above.

Next, there are questions which are most commonly asked by lenders, and briefing yourself on

your responses could help ease the process. These questions will fall mostly into the following

categories:

Employment and Income

Outstanding Debts

Assets and Cash Reserves

Down Payment Amount

Purpose of Loan

Property Use

Property Type

The following themes in responses will help ease the lender’s concerns, and work in your favor:

Steady income and long term employment

Low debt with no major recent purchases

Property is to be used as primary residence (as opposed to investment or vacation)

Larger down payment

In response to the lender’s questions, it is important that you ask questions of your own. These

questions will allow you to compare potential lenders and decide which the best for your

particular situation is:

1. What will the interest rate on the mortgage be? Will this change? If so, when/how much?

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2. What origination fees will be charged?

3. What are my options to pay points in return for rate reduction?

4. What are the total closing costs?

5. Is there a prepayment penalty? If so, before what point, and what is the penalty?

6. What is the required down payment? If I present a higher down payment, will that reduce

my interest rate?

7. Do I qualify for this loan?

8. What additional documents are needed?

9. How long will the approval process take?

10. What are possible reasons for delay in an approval decision?

After these discussions with each potential lender, it is time to apply for the mortgage by filling

out the appropriate paperwork. Be confident in your decision after choosing the correct type of

mortgage, the correct type of lender, and the combination of the two which will allow you to

move into your dream home.

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7) After Submitting a Mortgage

Application

Once the mortgage application has been turned in, many applicants

often wonder what the lender will do with their application, and if there

are any additional steps they should take while waiting for the mortgage

lender’s decision.

Underwriting

After receiving all the required application documents, the bank will begin to review them and

asses if the risk associated with the loan is in line with their lending standards through a process

known as ‘underwriting’. The lender will look at what is refereed to in the industry as the three

Cs.

Credit. Capacity. Collateral.

Credit: As outlined in previous articles, credit plays a major factor in a lender’s determination of

a mortgagee’s risk. Reviewing the credit report, and credit score, the lender will make an

educated estimate of the probability of being fully repaid on this loan.

Capacity: Next, the lender will review the applicant’s capacity to repay. This will be assessed by

reviewing the W2 forms, the employment history, as well as looking at current debts and assets.

The lender will then compare the debt obligations the borrower already has, and compare that to

the proposed mortgage payments in relation to the income the borrower receives.

Collateral: The collateral would refer to the property for which the mortgage is issued. The

lender will look at the current value of the property, the proposed use, as well as the current

trends in the asset class. The lender will then approximate the value they could receive if they

were forced to foreclose on the property in an event of a default. This amount would be

compared to the total amount loaned, and would be included in the risk assessment.

Overall, after reviewing the three Cs, a lender will have a good standing on if the loan is

appropriate, given the risk profile of the borrower, and the property involved.

Home Inspection

While the lender is underwriting the mortgage, there are things that an applicant can do, the first

of which is a home inspection.

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A home inspection is used to determine the structural condition of the home. An inspector will

review the major components of the house including the roof, a/c system, basement, plumbing,

electrical, and others to look for proper condition and building practices.

The home inspection is best done after agreeing upon the price of the sale, but prior to signing

the final documents.

Typically, an adequate home inspection will run between $300 and $750.

Mortgage Application Denied?

A fear of many applicants, especially first-time homebuyers, is to be denied for a mortgage.

Although the possibility is there, the chances of such event, particularly if one were to carefully

select a good mortgage lender and correct loan type, is low.

That being said, if the event does in fact occur, there are steps to take which will help in future

circumstances:

1) Find out why

The lender is required to inform you of the rationale behind their decision within 30 days of

issuing the denial. This response is called an “adverse action notice”. The most common reasons

issued from the lender correlate to the three Cs outlined above: poor credit, insufficient down

payment, and excessive current debt. Looking forward, all these are curable, and can be

remedied prior to a new application.

2) Request a second opinion

Some lenders will entertain a second review of your case if you can present something which has

changed since the application was submitted. Have you paid down a credit card? Removed an

incorrect account from your credit report? Let them know, and request a second opinion.

3) Keep shopping.

A third option is to keep shopping. Not all lenders have the same underwriting standards or

metrics. Just because your criteria doesn’t match the first lender’s criteria that does not mean it

won’t match the next lender’s requirements.

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8) Home Mortgage Loan Closing Process

Congratulations! You have made it to closing. While the finish line is in

sight, it’s not yet the end.

After your mortgage loan is approved, the closing date should be just

around the corner. Here is what you can expect a few days before

closing, at the closing table, and after the transaction has been

completed.

Just Before the Closing Date

Shortly before your actual closing appointment, you will be allowed to do a walk-though of the

home, to ensure everything is as remembered, and no major damages have taken place. This will

typically happen 24 hours prior to closing. If problems are discovered, you can request a delay in

closing or that the seller deposit money into escrow to cover necessary repairs.

At the closing appointment, many parties will be involved. Knowing who they are in advance

can be helpful. Here is a list of parties who may be at the purchaser’s and seller’s closing appt.

Which are typically done at separate times on the same day, or within a day or two of each other.

Parties Typically Involved on Closing Day

1. Closing Agent This person is responsible for coordinating the activities, individuals, and paperwork necessary

for the closing of the home purchase.

2. Attorney Often, the closing agent will be an attorney; however, both sides may have separate attorneys. It

can often be useful to have an attorney representing just you, as many of the proceedings and

documents will not be easily understood.

3. Title Company The title company will send a representative to prove the current ownership of the property being

sold, and document the new owner.

4. Home Seller Persons selling the home; they will need to sign various forms.

5. Real Estate Agents Both the buyer and the seller may have real estate agents present.

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6. Lender Also known as the mortgagee.

7. Home Buyer Also known as the mortgagor, will need to sign various forms.

8. County Recorders Office

A seller typically won’t have to bring any money to the closing table, and can expect to receive

whatever funds are due to them within a couple days. As the buyer, you will usually need to

bring a cashiers check with you to the closing appointment to cover any closing costs or other

funds. Both parties will be notified of their responsibilities ahead of time.

At the Closing Appointment

Also know as the Closing Table.

You will have two main duties:

1) Sign Legal Documents Amount of paperwork will be large; however, the legal documents will fall into two main

categories: an agreement between you and the seller, and an agreement between you and the

lender. Be sure to read all these documents, and hire professional help (attorney) if you don’t feel

confident signing these papers.

2) Pay Closing Costs and Escrow Fees associated with obtaining the loan and transferring the property need to be accounted for at

closing. This can typically be done by paying them out-of-pocket, or the lender can roll this

amount into your mortgage loan.

Escrow Accounts

An escrow account is an account with the purpose of holding funds by a third party on the other

parties account. The main escrow account in relation to your new home will be an account that

will ensure you pay your property taxes and insurance on time. The lender will require this to

protect them against loss in case you don’t pay.

Typically the lender will require you to deposit two months worth of property taxes and

insurance in this account. Throughout the year, this amount may fluctuate with changes in

property taxes or insurance premiums. The amount is most often lumped into the monthly

mortgage payment, as to be of less confusion for the borrower.

After the Closing Documents Have Been Signed

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Once both parties sign their individual closing documents, the proper paperwork is sent to the

mortgage lender so they can release the buyer’s funds to the seller.

After the funds are released, the county receives notification and records the deed with the new

home owners name and information. Once this is completed, they will receive recording

numbers and notify the escrow company so they can pass them along to the buyer’s real estate

agent. Now the deal has officially closed and the property belongs to the buyer. Only at this time

are the keys allowed to be given to the buyer, unless the buyer and seller have reached another

agreement - which is not very common.

Which Paperwork Should You Keep

Throughout this process there will be several forms and documents which can get confusing as to

which ones you should keep. I would recommend asking your real estate agent for a hard copy of

your final purchase & sale agreement, along with all supporting documentation. Then you can

discard any previous soft copies you may have laying around. And, at closing you should also

receive a packet full of documentation and paperwork you filled out. You definitely should hang

on to all of this as well. And you should definitely double check with your real estate agent to get

their recommendations and find out if there is anything else you need to know.

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9) Making Your New Monthly Mortgage

Loan Payment

Once closing has taken place and the property has been transferred to

you, the mortgage is just getting set-up and is being processed. So

you’re probably wondering when your first monthly mortgage loan

payment will be due and where you’ll need to send your payments to

from now on. We’ll address both of these questions below.

Mortgage Servicer

Often, the lender who originated your loan is not the party which will hold the loan. Most loans

are usually sold on the secondary market, at which time a mortgage servicer would then be

responsible for the day-to-day management of your loan.

Responsibilities of mortgage servicer:

1. Collect your monthly payments

2. Forward the payments to the current owner of the mortgage (if sold since origination)

3. Pay your property taxes and home insurance from your escrow account

4. Prepare and distribute your annual mortgage statement showing where your mortgage

payments are going (interest, principal, taxes, insurance, etc).

5. Assist you in an event of a missed payment or delinquent account. The servicer will

contact you if possible to arrange a new payment structure until you can regain the proper

payment schedule. If this is not successful, then a foreclosure may be pursued by the

lender.

If you haven’t received a mortgage loan payment statement within 30 days after closing, then

you should contact your the mortgage lender you worked with to get the home to find out who to

send your payments to. Usually your first mortgage payment is including in your closing costs,

so you should have at least 45-60 days after closing to make your first payment.

Changes in Monthly Payment

The monthly payment on a mortgage can change, even if the mortgage is a fixed rate, as opposed

to an ARM. With a fixed rate mortgage, the changes can come due to variations in the property

taxes, homeowners insurance or other costs. With adjustable rate mortgages (ARM) these

changes will occur more often, and can be more dramatic with shifts in the interest rate.

Fixed Rate Borrowers

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Fixed rate mortgages will for the most part have steady monthly payments. The changes due to

property taxes and homeowners insurance will change the amount you need to put in escrow.

This adjustment will be made typically at the end of the year, and take effect in February. For

this reason, it is advisable to set aside extra funds in the preceding months in preparation.

Adjustable Rate Borrowers

Since the interest rate on adjustable rate mortgages shifts with fluctuations in the market,

payments can be volatile. A seemingly small increase in interest rates can correlate to a large

jump in mortgage payment.

Since ARMs usually have lower introductory rates than fixed rate mortgages, it is a good idea to

put the money saved aside during the first few years on the ARM, in preparation if rates increase.

One cannot assume rates will remain stable, or decrease, so the borrower must aware from the

beginning that their mortgage payments will likely rise. Often times significantly.

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10) Refinancing Your Home Loan and

Removing PMI

Two other important concerns which commonly arise over the years of

paying down a mortgage are how to remove the private mortgage

insurance (if applicable) and determining if you should refinance your

home loan.

Removing Private Mortgage Insurance

If you decided to secure a mortgage with less than a 20% down payment, chances are high you

have Private Mortgage Insurance (PMI). However, once your equity in the home reaches 20%,

you are eligible to (and should) remove PMI.

PMI protects a lender against loss if a borrower defaults on their loan and enables borrowers with

less cash to have greater access to homeownership.

At closing, the lender is required by law to outline how many years and months it will take to

pay the loan down to a point where you can remove the PMI. Mortgage servicers are required to

cancel the insurance once the loan-to-value reaches 78%. A borrower should request this is done

at 80% however, which is acceptable in most circumstances.

A time when PMI may not be removed at 20% equity is when the loan was made and the lender

identified the borrower as ‘high risk’. In this situation, the lender could require PMI all the way

up to 50% equity to loan ratio. You can also enter this ‘high risk’ profile if you miss mortgage

payments regularly, or you no longer use the property as a primary residence.

The calculation to determine the equity stake is straightforward, and is done typically by

subtracting the loan balance to the appraised value of the home. For instance, if the home is

deemed to be worth $200,000 and the outstanding loan is $150,000, the borrower is said to have

$50,000 in equity. To calculate the percentage, you would then take this equity portion and

divide it by the value of the property. In this case: $50,000 / $200,000, or 25% equity stake. In

most circumstances, this borrower would be eligible to eliminate the PMI.

Refinancing

There are various reasons for a borrower to pursue refinancing:

Credit score has risen making the borrower eligible for lower rates

Borrower expects rates to climb in near future and wants to lock in low rates

Borrower wants to switch type of mortgage (ARM to Fixed)

Borrower wants to extend the length of the mortgage (shorter or longer)

Borrower wants to withdraw cash from their home ‘equity’

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Borrower can obtain much better rates than when they originated their mortgage

The final two bullet points above are typically the most common reasons people choose to

refinance.

With either case, a borrower must weigh the total costs of the refinance to compare the long term

savings. Often, refinancing will require various fees, which can occasionally be substantial.

When evaluating the financial benefit of a mortgage refinance, a borrower should think of how

long they will remain in that property, and if the upfront costs of refinancing will be regained

over that time period.

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11) Avoiding Foreclosure

Although no person signs a mortgage with the intent on abandoning

their home, it can happen when unexpected hard-times arise.

The absolute most important thing to do in times of distress is to

communicate with your mortgage lender. Lenders are not in the

business of owning real estate, and do not want to take your house back.

Doing so causes significant hassle, and in most circumstances, financial loss to the lender. For

this reason, most lenders are willing to work with struggling borrowers in order to come to

arrangement where both parties are at least partially satisfied.

Foreclosure Process

The foreclosure process usually begins with a missed payment. Typically 16 days after a

payment is not received, the mortgage servicer will contact the borrower to decipher what is

going on, and possibly arrange a payment structure. After 30 days, the servicer will begin

collection attempts, perhaps employing outside agencies. After 90 days, an attorney is usually

contacted, and foreclosure proceedings initiated. The foreclosure process is often a long and

extended one, and the borrower usually can stay in the property until it is sold or they are

evicted, which can take several months depending on the state.

After the foreclosure procedure is initiated, the original borrower usually has a small window of

time where they can make the loan payments due and bring the loan current. This period is

known as the ‘redemption period’. If the loan is not made whole the property will go to auction.

If the proceeds of the auction do not cover the amount due to the lender, the lender can initiate

what is described as a ‘deficiency judgment’ where the original borrower is still on the hook for

the difference between the amount collected form the sale of the property, and the original loan

amount.

Foreclosure Alternatives

A few options which are typically presented by lenders in times of delinquencies in order to

avoid a foreclosure include:

Repayment plan (catch-up)

if you miss a payment due to an unforeseen major expense (hospital visit, etc) however still have

the capabilities to pay for the future, a lender will sometimes offer the ability to overpay the next

few months payments, in order to ‘catch-up’ on the mortgage.

Loan modification

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The next step, if it is unlikely the borrower will soon be able to resume making the payments, is

a modification of the terms of the loan. Most often this is done by either extending the length of

the loan, or lowering the interest rate (both of which will reduce the monthly payment)

Short sale

A short sale is when the lender agrees to sell the home for less than the outstanding balance due

and forgive the remaining balance. This allows the user to avoid foreclosure, and the lender to

realize some cash flow without going through the lengthy foreclosure process. It should be noted

when debt is forgiven it may be considered taxable income, however The Mortgage Forgiveness

Debt Relief Act and Debt Cancellation was created in 2007 and is valid on debt forgiven through

2012.

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