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New rules aim to make mortgages safer via CNN Money

We hope you are enjoying the week and getting ready for the weekend ahead! This is a very important news alert that will affect a lot of borrowers..

Federal officials unveiled new mortgage rules on Thursday meant to reduce risky lending and make it easier for borrowers to know exactly what they are getting into.

The aim of one rule is to keep lenders from issuing loans to borrowers who can’t afford to pay them off.

“When consumers sit down at the closing table, they shouldn’t be set up to fail with mortgages they can’t afford,” said Richard Cordray, director of the Consumer Financial Protection Bureau.

The rules are meant to avoid the kind of mortgage mess that spawned the financial crisis and ultimately led to the Great Recession.

During the housing bubble, many lenders had lax underwriting standards. Banks often didn’t check documentation, didn’t require minimum credit scores and didn’t determine whether borrowers had income enough to keep up payments.

Now, when a loan meets new lending criteria outlined by the CFPB, it becomes a “qualified mortgage,” which will give protection for the banks from lawsuits filed by aggrieved borrowers or buyers of mortgage-backed bonds.

“It’s a set of standards that protects consumers from bad loans but it also protects lenders from lawsuits,” said Davis Stevens, CEO of the Mortgage Bankers Association. “Lenders are not protected if they go outside the guidelines.”

The new rules will eventually change the process homebuyers go through in obtaining mortgages. Here’s what you need to know.

Which lenders do the rules cover? All companies that give out mortgages will be governed by the new rules — big national banks, savings and loans, community banks and credit unions.

“The rules will encompass most of the market as it exists today,” said William Emerson, president of QuickenLoans.

How is a “qualified mortgage” defined? The rules spell out what is called a qualified mortgage. To judge whether a loan is qualified, lenders must consider these factors:

 

  • Income and assets must be sufficient to repay the loan;
  • Borrowers must document their jobs;
  • Credit scores must meet minimum standards;
  • Monthly payments must be affordable;
  • Borrowers must be able to afford other debts associated with the property such as home equity loans;
  • Borrowers must be able to afford all home-related expenses such as property taxes; and
  • Lenders must consider a borrower’s other obligations like student loans, car loans and credit cards.

 

What if a borrower doesn’t meet all those guidelines? A homebuyer could still get a mortgage, but only if the mortgage payments don’t exceed 43% of the borrower’s pre-tax income.

What other requirements are there? When judging ability to repay, lenders can’t use payments based on interest-only loans or so-called negative-amortization rates, in which mortgage balances grow over time.

They also can’t use teaser rates, which adjust higher after a set term. Loan terms cannot exceed 30 years, and up-front fees, such as points paid to reduce interest rates, must not be excessive.

To be clear: The rules don’t prohibit those unconventional types of loans. But lenders, in deciding whether to give out such a loan, must judge a borrower’s ability to repay as if the loan were a conventional loan.

When will the rules go into effect? The rules start to kick in by January 21, but lenders will have 12 months to fully implement them.

What about jumbo loans? The ability -to-repay rule covers even the large, so-called jumbo loans, which are not backed by any government agencies such as Fannie Mae or Freddie Mac. But Stevens of the mortgage bankers group said he still expects jumbo lenders to follow the qualified mortgage guidelines. That will give them legal protection.

Are there any exceptions? People with subprime adjustable-rate mortgages or other risky loans who are refinancing can do so without going through the full underwriting process required by the new rules.

The CFPB is also proposing that mortgages issued by certain non-profits for low-income homebuyers be exempt from the rules. The agency also wants to make exceptions for some refinacings made through the Home Affordable Modification Program and for some loans issued by small community lenders. These proposals, if approved, will be finalized this spring.

Mortgage Pre-Qualification and Pre-Approval

Pre-Qualification and Pre-Approval

Before you look for a home, it makes sense to find out how much financing for which you may qualify. A good first step is to speak to a Mortgage Loan Officer, who will help you determine what you can afford and the type of loan that best suits your needs. This will ensure that you begin your search as an educated buyer.

Pre-Qualification

Pre-Qualification is a preliminary review of your credit report. This will help us decide what mortgage financing options are available for you. A Pre-Qualification Approval Certificate will be provided to you. This Certificate can be given to your Realtor as a sign of confidence that you are a serious Pre-Qualified home buyer.

Pre-Approval

Pre-Approval is a financial evaluation that involves applying for a mortgage, underwriting and a commitment by the lender to a specific loan amount. After applying we will provide you with all required application disclosures including a Good Faith Estimate of Settlement Costs and an “Intent to Proceed” notice. If you agree to proceed, we will collect funds necessary to cover the cost of your Appraisal.

If you’re pre-approved for a mortgage, your lender will provide you a letter stating that you have conditional approval for a specified loan amount.

Here are a few lenders:

https://www.usbank.com/mortgage/index.html

https://www7.bankofamerica.com/home-loans/mortgage-purchase.go

https://www.chase.com/online/Home-Purchase/home-loan.htm

https://www.wellsfargo.com/mortgage/

What Can We Do If Our Appraisal Is Below The Purchase Price?

Q: We have loan approval, have a 20% downpayment and have signed off on the one contingency we had (an electrical issue found on inspection). The appraisal came in at almost $20,000 below the contract price. It seems that the sellers are almost underwater on their mortgage, and had to bring money to the table to reach the contract price. We are being urged to try another lender, as the listing agent and our own agent seem to think our lender (a major bank) purposely gives low appraisals. This sounds suspicious to us. Is this the norm? We’re about to walk away from the deal, as it seems there is no way to make it work. –Frustrated, Cleveland, OH

A: I doubt that lenders purposely give low appraisals. Lenders make money by making loans, which only happens when the sale is completed. Low appraisals are not conducive to making sales happen. Some banks, though, assign appraisals to “the next appraiser in line,” even if that particular appraiser is not familiar with the area in which the property lies. You can request a review and ask the agents involved to present information that the appraiser may not have considered. You may be able to request (and pay for) a new appraisal, if the bank will accept it. Your only other alternatives are to switch to a mortgage broker who represents several investors (one or two of which may have more familiarity with the area where the property is located), or to walk away altogether. The choice is yours, since you know best how important this property is to you.

retrieved from:
http://www.realtor.com/blogs/2012/11/03/what-can-we-do-if-our-appraisal-is-below-the-purchase-price/

Lenders are using a variety of tools to prevent mortgage fraud

Happy Monday everyone! We hope you had a great weekend and had a chance to spoil your moms yesterday. Take a look at this important news article from the Los Angeles Times:

Don’t even think about fudging on your application for a mortgage by inflating your income a tad, checking the box to indicate you’re going to live there when you’re really not or exaggerating your job description.

Not long ago, people could get away with lies like these to obtain financing. But not anymore.

Nowadays, the tools are in place to nab fibbers who just want to buy a house, as well as out-and-out perjurers looking to bilk lenders out of hundreds of thousands of dollars.

There are “more fraud checks than ever, and it’s on every loan, not just a sample,” said David Kittle, a former lender from Kentucky who chaired the Mortgage Bankers Assn. in 2009.

More important, perhaps, the focus now is on preventing fraud rather than dealing with it after the fact.

“The responsibility for catching fraud is definitely moving up the loan production chain,” said Bruce Backer, president of LoanSifter, a pricing engine that lenders use to make sure they comply with federal regulations.

“If we let the money go out the door,” said David Montoya, inspector general at the U.S. Department of Housing and Urban Development, “we’re pretty much chasing the wind.”

Sometimes the fraud check is as simple as a quick call to the customer right before the loan is closed to verify information supplied on the loan application. Such a call to an otherwise unsuspecting borrower can sometimes uncover a lie perpetrated by a corrupt loan officer who’s in it for the commission — or more.

“Nobody wants anyone else to talk to their customers, but we do it in a conversational, nonconfrontational way,” said Kittle, who now works for IMARC, a Santa Ana firm that provides post-funding quality control audit services.

If the chat goes something like this — “Are you borrowing $500,000?” “No, I want to borrow only $300,000,” or “Do you earn $200,000?” “No, I make only $100,000″ — the auditor can stop the process in its tracks. You don’t get tagged as a con artist, the dishonest loan originator and his cohorts don’t fatten their wallets and the lender doesn’t lose any money.

In other cases, lenders are using sophisticated databanks to spot the crooks.

“There’s a tremendous wealth of data being deployed,” said Becky Walzak, a quality assurance consultant in Deerfield Beach, Fla. “There are tons of databases available to validate the information you give us.”

One website, for example, provides salary data on the type of work you do so the lender can determine if you are overstating your income. If you say you earn $250,000 a year but the site indicates the typical wage for your position in your town is just half that, it’s a red flag that something might be amiss.

Another site provides historical wage data, and yet another checks the information supplied by self-employed borrowers, including whether the borrower’s company exists, who the principals are, the number of employees and the annual revenue.

“You can’t lie about income anymore,” Walzak said. “There are too many ways we can find out whether or not you are telling the truth.”

There also are sites that will tell lenders whether there are judgments against you or liens against other properties you might own, while others reveal the number of properties you own, when you bought them and for how much. And there are systems available to review appraisals to spot inflated valuations.

Platinum Data Solutions in Aliso Viejo offers lenders a comprehensive review and valuation system that, among other things, looks for hidden relationships between the buyer and seller. Chief Executive Phil Huff says he’s working on a program that will search out collusion between real estate agents, loan officers, appraisers, title attorneys and others in the lending food chain.

In addition, Fred Melgaard, executive vice president of DRI Management Systems in Newport Beach, says his firm has plans to offer score cards on all vendors and service providers, including individual appraisers and real estate agents. And that’s on top of real-time — less than 60 seconds — credit reports, automated bankruptcy notices and up-to-the minute lien watch services that let lenders know what you may be doing with other lenders.

Even the Internal Revenue Service is getting into the act. The IRS already electronically delivers copies of would-be borrowers’ tax returns to lenders so they can verify incomes. Soon the agency will be speeding up the process — and making it more secure — by switching to e-signatures and eliminating the paper version of the form borrowers sign that allows lenders access to their records.

None of this is to say that mortgage fraud is being eradicated. Hardly. The FBI pegs the cost of mortgage fraud at roughly $3 billion a year. And that’s a “very conservative” figure of the losses to lenders and investors, concedes Christa Greco, a senior intelligence analyst at the agency.

At the same time, though, the most recent figures from the Financial Crimes Enforcement Network indicate that lenders are becoming more adept at uncovering fraudulent loans before putting them on their books. Indeed, in 40% of the suspicious activity reports submitted to the network in fiscal 2011, the lender turned down the applicant — whether it was for a new mortgage, a refinancing or a short sale — because it smelled fraud.

Get a foreclosure review before it’s too late!

Happy Monday everyone! We hope you had a fabulous weekend and enjoyed some rest. We want to share this news article from MarketWatch..

Homeowners who had a mortgage in any stage of the foreclosure process in 2009 and 2010 and who think they may have been victims of errors or other problems in the process may be eligible for compensation.

But time is running out.

The Federal Reserve Board issued enforcement actions against 14 major mortgage servicers last year, requiring them to retain independent consultants to review foreclosure cases from that time period. The reviews are to determine if a consumer suffered “financial harm” due to errors or other problems during the foreclosure process.

Request for review forms must be postmarked or submitted to the independent foreclosure review administrator by July 31. So far, the response has been underwhelming, said Gail Cunningham, spokeswoman for the National Foundation for Credit Counseling.

“We hate to see real help available to people, help that is so desperately needed, and people not take advantage of it,” Cunningham wrote in an email.

The NFCC and other organizations have toll-free numbers to help homeowners who might be eligible for an independent foreclosure review. The NFCC’s number is (877) 339-6322. You can also visit IndependentForeclosureReview.com.

Read more real-estate news in this week’s pages, including why some condo owners are facing rental restrictions and see a slide show with products from the recent Kitchen & Bath Industry Show.

And if you think you might be eligible for an independent foreclosure review, don’t waste any time in talking with someone about it. You never know until you ask.

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We work as a team and combine our extensive real estate experience, powerful resources and connections to benefit you whether you are looking you buy or sell a home in today’s exciting and lucrative real estate market.

Call us now to get started on the road to buying or selling your next home. 310.459.8191 x411 or email mywestsidehomefinder@gmail.com

 

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Is It Possible To Buy A House With A Low Down Payment?

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Q: My girlfriend and I are looking to purchase a home in the Dublin/Pleasanton area in the San Francisco Bay Area. She has a decent down payment but I don’t have much. She has a stable 9-5 job and I own my own business. I receive a paycheck but don’t draw so much from my business as I’m always reinvesting into my company. We are looking to take the next step but the area we need to live in is pretty expensive. We need to stay in the area because of our jobs and would like to put our hard working money into a home. As first time home buyers, what would be the best approach in order to meet our goal of owning a house instead of settling for a condo/townhome? Is this even possible? –Gabe, Dublin, CA

A: One of the most important requirements necessary to qualify for a home loan (Single Family Residence or Condo) is an acceptable credit score. Without knowing yours it’s difficult for me to know whether or not you can qualify. Here is some information on the scores required to obtain a loan.

The FHA has their own guidelines for loans they will accept and may be your best bet. Keep in mind that FHA is not a bank; it’s a government agency that insures loans from FHA approved lenders. While the FHA will have its rules, a bank will also have its own rules as well. Most banks today are only willing to finance FHA loans with credit scores of 640 and above. The FHA however will allow loans with credit scores as low as 540 with 20% down. Also, the FHA will require that you put down a minimum of 3.5%.

Conventional loans are typically for borrowers with money to put down (10-20%) and good credit scores. Most lenders in today’s market require a middle credit score of 660 or better to qualify for a conventional loan. To get your best deal you will need a credit score of at least 720. Since conventional loans are approved through underwriting engines created by Freddie Mac and Fannie Mae, the higher your credit scores are the better terms (rate) you will get.

Conventional loans currently require a minimum of 5% down. The good news is that you have some money reserved for a down payment. Your debt however is a big concern. Go ahead and start interviewing mortgage brokers and obtain recommendations from them to find the loan that works best for you. Your new mortgage broker will then be able to show you an entire suite of loan options and pre-qualify you for a home that you can afford with your income. In the mean time work with your broker on improving your debt/equity ratio and credit score if necessary.

[Read more...]

How to Apply and Get your Mortgage

An important step to becoming a homeowner is completing your mortgage loan application (officially referred to as the Uniform Residential Loan Application). This is a lengthy application that documents your personal information (Social Security Number, date of birth, etc.), employment information, assets and liabilities, mortgage terms and much more. You’ll want to work with your lender to complete all fields, especially as they relate to the type of mortgage and terms.

Once you and any co-borrowers have completed and signed the application, your lender will:

  • Pull your credit report and score from all three major agencies to verify your credit history. Make sure you know what they find.
  • Evaluate the four C’s to determine if you are creditworthy:
    • Capacity - Current and future ability to make payments
    • Capital or cash reserves – Money, savings and investments you have that can be sold quickly for cash
    • Collateral - The property that you will purchase
    • Credit - Your history of paying bills and other debts on time

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At this point, your lender can provide you with a pre-approval letter that outlines how much you qualify to borrow and the specific terms of the loan. Now, you can begin looking for your new home with greater confidence.

Once you have found the home you want to buy and have signed a Purchase Agreement for the property, you are ready to complete the application process by providing your lender with the address and property details. Your lender will then:

  • Get an appraisal to determine the market value of the property, because it will be used as collateral for your loan. You have a legal right to get a copy of this and will want a copy for your records.
  • Issue a Commitment Letter detailing the terms of your loan approval.

The Commitment Letter serves as final approval of your mortgage loan and states the terms of the approval. Once you receive and accept this, you are assured the financing needed to complete the purchase of your home and can now focus on completing the details required for closing.

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President Obama Speaks on Landmark Housing Settlement with Banks

The President announces a landmark settlement between the government and the nation’s largest banks that will speed relief to the hardest-hit homeowners, end some of the most abusive practices of the mortgage industry, and begin to turn the page on an era of recklessness that has left so much damage in its wake.

Read the Transcript