Tag Archives: mortgage

Bank of America’s Contractor Confiscates Parrot

Bank of America Nevada City, CA

A contractor for Bank of America went into the home of a borrower which was not vacant nor in default with the mortgage. While Angela Iannelli was away, under instructions from Bank of America, the contractor cut off utilities, padlocked the door and confiscated her pet parrot, Luke.  Maybe the contractor was thinking the woman was in default with her mortgage, would make her payments current if he took the parrot for ransom.

According to the Wall Street Journal:

“Angela Iannelli, 46 years old, alleged in a lawsuit Monday that the October incident—which separated her from her 11-year-old parrot for more than a week—caused so much “emotional distress” that she needed a prescription medication for anxiety.

A Bank of America spokesman said Wednesday a bank employee erroneously believed the house was vacant and sent the contractor there with instructions to install a new lock and otherwise “secure” the property. The bank spokesman said those instructions were inappropriate because Ms. Iannelli wasn’t in default and the house wasn’t vacant.

Mortgage lenders have struggled in the past three years to hire and train enough people to deal with the biggest wave of foreclosures since the 1930s. Nearly eight million households, or 15% of those with mortgages, are behind on their payments or in the foreclosure process.

Many borrowers complain they get the runaround when they call their lenders for help, receive contradictory information from different employees and are required to repeatedly fax the same documents.”

You can say that again. Dealing with banks, you can expect multiple answers to your mortgage problems and repetition of them asking for the same paper work over and over.  You are also transferred to a different person each and every time you call them, so that it appears that they are in complete chaos. In the final analysis, it seems that the last thing they want to do is modify your mortgage or help you in any way.

You can read the full story by clicking here: Wall Street Journal

John J. O’Dell
Real Estate Broker
Do you know one thing about a short sale
that could haunt you for many years to come?
Call  me and find out 530-263-1091

Why Not Walk Away From My House?

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I wrote earlier that we should not walk away from your house if you are upside down on your mortgage. I’ve changed my mind. If you lost your job or had a great reduction in income for whatever reason, the banks don’t seem to care. I’ve read and seen were they’ll stall until you have used up your savings, made the very last payment you can and than foreclose on your home. 

 Here’s a portion of a great article on the subject of walking away from your home that appeared in the SF Chronicle:

“Go ahead. Break the chains. Stop paying on your mortgage if you owe more than the house is worth. And most important: Don’t feel guilty about it. Don’t think you’re doing something morally wrong.

That’s the incendiary core message of a new academic paper by Brent T. White, a University of Arizona law school professor, titled “Underwater and Not Walking Away: Shame, Fear and the Social Management of the Housing Crisis.”

White argues that far more of the estimated 15 million American homeowners who are underwater on their mortgages should stiff their lenders and take a hike.

Doing so, he suggests, could save some of them hundreds of thousands of dollars that they “have no reasonable prospect of recouping” in the years ahead. Plus the penalties are nowhere near as painful or long-lasting as they might assume.

“Homeowners should be walking away in droves,” according to White. “But they aren’t. And it’s not because the financial costs of foreclosure outweigh the benefits.” Sure, credit scores get whacked when you walk away, he acknowledges. But as long as you stay current with other creditors, “one can have a good credit rating again – meaning above 660 – within two years after a foreclosure.” 

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“How does White’s 52-page manifesto go over with mortgage lenders? Predictably, not well. Officials at Fannie Mae and Freddie Mac – investors who fund the bulk of all new mortgages in the country – disputed White’s characterization of how quickly after foreclosure a walkaway borrower can obtain a new loan. It’s not three years, they said, it’s a minimum of five years, absent extenuating circumstances such as medical or employment problems that caused the foreclosure.”

Remember, before you walk away from your home, check with your accountant and or a tax attorney.

This is a great article, read the rest at San Francisco Gate

So what do you think readers?

A Large Down Payment On Your Home Might Give You a Higher Interest Rate on Your Mortgage

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You would think that putting more money down when buying a home would entitle you to a lower interest rate. Not so according to an article in the New York Times.

Take, for instance, borrowers who want to buy a $400,000 home, and who have a credit score of 720, which is considered very good.
In late August, such borrowers who had $80,000 saved for a 20 percent down payment would have qualified for a 4.875 percent rate on a 30-year fixed-rate loan, according to Regina Mincey-Garlin, an owner of RCG Mortgage in Montclair, N.J.

But that was also the rate offered to borrowers putting down only 5 percent, and therefore required to have private mortgage insurance.
Oddly, those who put down 25 percent, or $100,000, were saddled with a higher interest rate, 5.375 percent, Ms. Mincey-Garlin said.
The underwriting rules from Fannie Mae and Freddie Mac consider borrowers in the 20 to 25 percent down payment category to be the riskiest, in part because they are not required to carry private mortgage insurance. At higher down payments, however, rates begin to fall.

Amy Bonitatibus, a spokeswoman for Fannie Mae, said that the policy wasn’t meant to encourage lower down payments, which some have seen as the main culprit in the home foreclosure crisis.     ad-2-short-sale

“It’s just a less risky loan from our point of view,” Ms. Bonitatibus said, because the lender’s exposure to foreclosure losses is largely eliminated by mortgage insurance.

While borrowers who take out mortgage insurance can indeed enjoy lower interest rates, their monthly payments will be larger than those who made the larger down payments, because the loan itself is bigger
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A borrower who put down 25 percent for a $400,000 home would make a monthly mortgage payment of $1,680, while the borrower who put 15 percent down would pay $1,906 — or $1,799 in principal and interest, plus another $107 monthly in mortgage insurance. (The mortgage insurance is tax deductible, however, so depending on a borrower’s financial circumstances, the net mortgage liability would probably be less.)

Ms. Mincey-Garlin of RCG Mortgage says she still advises borrowers to make a down payment as large as they can, because the increased equity will help them in the long term.

Read the entire article in the New York Times
This article was posted for educational purposes.

Mortgage Companies Profit From Foreclosures

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The White House has asked mortgage executives to come up with the manpower to stop precarious loans from becoming foreclosures, but a New York Times story says finance experts say a lack of bodies isn’t the problem. It’s greed.

Mortgage companies collect fees for appraisals, insurance, legal services and other administrative busywork when homes go into foreclosure, and many make more on delinquent loans than they do on those in good standing. So unless homeowners’ loans are through businesses that values their ability to keep roofs over their heads above the bottom line, they’re out of luck:
Continue reading Mortgage Companies Profit From Foreclosures

Shall I walk Away From My House? Part 2

house-underwater

Thinking of walking away from your home because your property values have dropped to below what your mortgage is? You might consider that if you do walk away, what are you going to do? You’ll have to rent, your credit score will be ruined for seven years and you will have lost the home that you call your own. A home in which you could gain a profit from in the future. A case in point is the story of David Bach.

“In an interview with the AOL.com personal finance Web site, Walletpop.com, Bach said about 50 percent of homes in foreclosure are there because their owners walked away from underwater real estate. He calls that “stupid, short-term thinking” and recalls a condo he bought in New York City in 2003. He put down $600,000, then property values dropped and he lost all his equity. “I was bummed,” he said.

But the loss wasn’t permanent. Four years later he sold the condo for $3.65 million – and made a $1.5 million profit, after commissions and taxes.

Some people might have thought it was “logical” to walk away, he said. “But it would have cost me $1.5 million.”

We are not going to be in a recession forever, and real estate values will increase again. You always have “experts” who predict the world is going to end and bad times will last for an eternity. Don’t listen to them; look at the economic history of this Country, the economy cycles up and down. We are in a down cycle now, but we’ll soon be out of this downturn and property values will go up.

New Rules Protecting Home Buyers Effective Now

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Since the days of the Wild West in doing home mortgages, more and more tightening of appraising and mortgage lending is occurring. I think the changes are for the good, since you can blame the banks, wall street and some large mortgage companies who are no longer in business for the meltdown we had in the housing market.

There is so much double talk in some mortgage companies, such as advertising low teaser rates to lure you into doing business with them. Once you start working with these companies, the true cost of the loan becomes apparent. I always advise my clients to work with their local bank or mortgage company, rather then an online mortgage company. My experience with them is that they tell you the rate for your mortgage upfront and that’s what you get.

The locals know the market better, and in Nevada County and other Gold Country Counties that is very important. These counties tend to have a variety of homes, and there are few if any major subdivisions. Getting a comparable home to the one you may buy is sometimes quite difficult. Unlike a large city, where you may have a thousand homes that are similar, here you are lucky to find another home similar to yours.

Anyhow, the new rules that revise the disclosure requirements for mortgage loans under Regulation Z (Truth in Lending) went into effect July 30, 2009. The revisions implement the Mortgage Disclosure Improvement Act (MDIA), which was enacted in July 2008 as an amendment to the Truth in Lending Act (TILA). It is possible that these new requirements may cause delays in getting loans, and if you are purchasing a home, it may delay your closing date.

The MDIA requires creditors to give good faith estimates of mortgage loan costs (“early disclosures”) within three business days after receiving a consumer’s application for a mortgage loan and before any fees are collected from the consumer, other than a reasonable fee for obtaining the consumer’s credit history, according to information from the Federal Reserve. The MDIA also requires early disclosures for loans secured by dwellings other than the consumer’s principal dwelling, such as a second home.

In addition, the rules would implement the MDIA’s requirements that creditors wait seven business days after they provide the early disclosures before closing the loan; and that creditors provide new disclosures with a revised annual percentage rate (APR), and wait an additional three business days before closing the loan, if a change occurs that makes the APR in the early disclosures inaccurate beyond a specified tolerance, according to the Federal Reserve. The rules also would permit a consumer to expedite the closing to address a personal financial emergency, such as a foreclosure.

Home Buyer Tax Credit Expained

httpv://www.youtube.com/watch?v=qeDp_w3oiqg

Robert Dietz, tax economist, of the National Association of Home Builders gives detailed answers to questions home buyers might have about the Federal tax credit. (The $10,000 California tax credit for home buyers has been used up)
Some of the questions answered are:

• Who’s eligible to claim the credit?
• How does it help you?
• What kind of homes qualify?
• How is the amount of credit determined?
• What is a partial credit?
• When can you claim the refund?
• How is the 2009 credit different from the 2008 tax credit?

Additional information about the tax credit can be found on the Federal Housing Tax Credit website.

Putting Mortgages into ‘Plain Language’

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Bank of America has created a new website called Bank of America Home Loans for borrowers that includes a calculator that determines not just what size loan people can qualify for, but how much they can spend without being stretched too thin. “We wanted to change the conversation to ‘How much house can I comfortably afford?’ rather than ‘What’s the maximum I can buy?’ ” said Aditya Bhasin, the product, pricing and strategy executive for Bank of America Home Loans.

The site is designed to be easy to read, spelling out a variety of contingencies, including the maximum payment that an adjustable rate mortgage could potentially cost.

The new site also offers what BofA calls Flat Fee Mortgage Plus, which has no application fee and a single closing fee that includes processing costs and fees for third-party services like appraisals.

Not included are other standard costs like property taxes, homeowners’ insurance and prepaid interest.

Craig Focardi, a senior research director at the Tower Group, a financial consulting firm, said the idea for the plan is nothing new – it’s been tried by others. But the prominence of the programs could persuade competitors to adopt the features.”

If you recall, Bank of America took over Countrywide Lending and renamed it Bank of America Home Loans. I’m not sure that their new website is not a rehash of Countrywide’s old website. But with B of A’s great customer service (tongue in cheek) they need some kind of P.R. to make them look helpful. Some related information on Countrywide Financial Corporation:

According to the LA Times 04/27/2009

“Linked more recently with high-risk loans, co-founder Angelo R. Mozilo’s huge paydays and FBI investigations, the Countrywide name became “too toxic to resuscitate,” as another expert puts it — and a liability for Bank of America Corp., which snatched it up last year as it neared collapse.

And so over the weekend, nearly 10 months after the Bank of America deal closed, Countrywide Home Loans signs came down and Bank of America Home Loans signs appeared at the lender’s 215 storefront offices in California. It was the start of a rebranding of nearly 1,300 Countrywide mortgage offices nationwide.”

Yep, Countrywide and Bank of America, great combination.

New Appraisal Rules for Fannie Mae & Freddie Mac

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There is a new “Home Value Code of Conduct” that went into effect on May 1, 2009.  All Fannie Mae and Freddie Mac mortgages have major changes in ordering and processing home appraisals.

Under the new rules, mortgage brokers will no longer be able to order appraisals directly for loans sold to Freddie and Fannie. This will force mortgage brokers to be “hands off” in choosing appraisers and potentially influencing the outcome of the appraisal.

Fans of the new code say appraisals will be more accurate, and there will be less fraud and lower costs. But others say the new rules will result in less reliable appraisals by some who may not be thoroughly familiar with an area, delays in getting loans processed and steeper costs.

In his latest blog post, Mortgage Broker Dennis Smith of Stratis Financial Services in Huntington Beach writes about how he sees the new code affecting home buying.

Smith writes about the process:

“First, the HVCC is a requirement for all loans that are being funded by Fannie Mae and Freddie Mac, no exceptions.  Under the rules of the HVCC any person or company that collects a commission as part of the mortgage transaction may not have any contact with the appraiser, including ordering the service. 
 
“Starting with all transactions with applications dated [on or] after May 1, 2009 the originating entity, me, must order any appraisals through the funding entity (lender) who must use an “adverse selection” process to select a national appraisal company. 

“When the appraisal is ordered the fee for the appraisal must be paid in full through credit card transaction; the borrower will need to provide this information for the transaction to move forward.  The national appraisal company upon receiving the order will then contact an appraiser in the area or region of the subject property and place an order for the appraisal.
 
“The appraiser will contact the appropriate person for access to the property and complete the appraisal.  He will then send the appraisal electronically to the national appraisal company who will review the appraisal and send it electronically to the underwriting unit of the lender.  The underwriter will review the appraisal and if acceptable will post it on the company website and notify the borrower.
 
“Attention! It gets interesting here.  Under the HVCC policy the borrower must receive a copy of the appraisal at least three days before ‘closing’.  I put closing in quotes because in some states closing and loan documents are the same time-this occurs in non-escrow states.  In states such as California where we order loan documents and then close after they are signed an reviewed most lenders are requiring that the borrower receive the appraisal at least 3 days prior to drawing loan documents.  In short, loan documents will not be drawn until 3 days after the borrower has received a copy of the appraisal.  And that copy must come directly from the lender. 
 
“This process will take several weeks to flush out but in California the most obvious problem is the appraisal contingency that is part of all CAR contracts — expect a revision in the near future as the HVCC becomes better understood by the CAR attorneys — since no one intimately involved in the transaction has any contact or control over the process from selecting the national appraisal company to selecting the appraiser, no one involved in the process can say for certain when an appraisal will be delivered so all aspects are known.” 

I left out the rest of his comments, since as a mortgage broker; he does not like the new rules. Mortgage brokers like to work with appraisers who they are familiar with and who know the area that they are working in. My own personal opinion is the more hands off the process is, the better it is for all of us.

What do you think?

 

Thinking About Buying a Home? How’s Your Credit Rating Affecting Your Chances?

house-with-key 

The lender wants to make sure that when they loan money to a you, that they are lending the money to someone who will pay them back. So when you apply for a loan, the number one thing they look at is your credit score. I know, that’s a twist from the roaring 2005-2007 years. I remember selling real estate in Grass Valley, Nevada City where the main criteria of the banks to loan money was that the buyer was breathing. 

Anyhow, a lender considers several factors about a buyer’s credit-usage behaviors. The system they use is a called “Tri-Merged Residential Credit Report” and is quantified as a scoring system called F.I.C.O. (Fair Issac Company). There are three companies who prepare credit reports and each one seems to come up with their own F.I.C.O. score. Different lenders use different methods, but most wind up using the middle score of the three credit reports. Others merge the reports as mentioned above.

Listed below is how the F.I.C.O. scores are generally interpreted:

• Scores range from 300 to 850.

• Score under 600 – will most likely need to use loan programs that are not F.I.C.O. driven. Represents extreme concern for underwriting and may result in additional fees, higher rates and/or points, additional down payment required, or even non-approval.

• Score 600 – 620: The underwriter will need to carefully review the application and may result in more fees, points and/or lower loan-to-value ratio.

• Score 620 – 660: This is considered a cautious risk although the buyer does stand a good chance of getting the loan provided he/she can explain any derogatory notations (i.e. late payments) in a plausible manner.

• Score 660 – 680: This is a standard automated approval score.

• Score 680 – 699: This is considered a very good risk by the lender.

• Score 700 – 719: This is considered an excellent risk by a lender and is pretty much a “slam dunk” for approval.

• Score 720 & above: This is considered “Accept Plus” for automated underwriting.

To determine the borrower’s credit score, most lenders apportion weights as indicated to the following factors:

• Timely payments – 35%
• Total debt – 30%
• Length of credit history – 15%
• New credit inquiries – 10%
• Amount/type of credit – 10%

A buyer/borrower can get a free copy of their credit report from each repository by mail or online at various websites offering “free credit reports” . I do not endorse any of them.  You should review your credit report once a year, as they often have inaccuracies and old derogatory notations that should be removed from the report.

However, you will find that most sites offering “free credit reports” do not give you your F.I.C.O. score and try to trap you into paying for an ongoing credit monitoring program or you have to pay to get your score, the report is free, the score is not.

According to CNN:

“Thanks to the Fair and Accurate Credit Transactions Act, or FACT Act, enacted by Congress in 2003, consumers can get one free credit report a year from the three major agencies – Equifax, Experian and TransUnion. But that doesn’t include scores, which come at an added cost of around $6 to $16. That’s the “fair and reasonable” fee credit rating agencies can charge consumers under the legislation.”

Here are some methods that you may use to improve your credit score:

• Dispute incorrect information by directly contacting the credit reporting agency.

• If you have any past-due debt, you can contact the creditor directly and settle the debt. Creditors are often willing to settle past-due debt for less than what is owed and sometimes are even willing to remove the derogatory notation about the debt. If the debt has been sold to a collection agency, the borrower would have to contact the agency.

• Pay down credit card balances, if possible, to less than 1/3 of the available limit.

• Work to show that you have maintained 12 consecutive months of timely payments on ALL of your financial obligations. If you have gone into foreclosure and/or bankruptcy, this will take longer; perhaps three to five years.