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Real Estate Mortgages - Frequently Asked Questions

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The Question:

What are the questions frequently asked about mortgges?

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 The Answer 
 

 

This is the answer

 

Frequently Asked Questions

What is conforming loan limit?

What is FHA loan limit?

What is A Credit Score (Also Known As Fico Score)?

What is PMI (Private Mortgage Insurance)?

What is An Acceptable Down Payment?

How Does the Borrower Lock in the Rate?

What Are Cash-Out Refinance Limits?

Why Do All Owners of a Home Need To Sign & Apply For the Loan?

Prequalification Versus Preapproval. What is the Difference?

Why Do Banks Want a Borrower to Sign IRS Form 4506?

What is an Easy Qualifier (Quick Qualifier)?

What is a "No Doc" Loan?

Why is Income Far More Important (To Lenders) Than a Large Down Payment?

What Are Debt Ratios?

What Happens if My Loan is Sold? Will My Loan Be Sold?

Why Use Mortgage Broker?

Documents Needed -For Self Employed Borrower

Documents Needed- For Salaried Borrower

Why Do I Have To Wait Three Days After Signing Loan Documents For a Refinance?

What is Fastest Way To Get a Loan?

How Can I Buy a Home at the Best Price?

How to Get Best Rate if I'm Buying a Home?

What is a Deed of Trust?

What is Amortize?

What is Negative Amortization?

What is Annual Percentage Rate (APR)?

What is Balloon Note?

What is Buydown?

What is Closing Statement ( HUD-1)?

What is Bridge loan?

What is Escrow?

What is "Home Owner Association"?

What is Impound Account?

What is a "Deed of Reconveyance"?

Why Does a Zero Balance Second Mortgage (Or Any Second Mortgage) Need to Be Subordinated?

What is "Recording a Deed"?

Why Put My House in a "Revocable Family Trust"?

What is a "Quit Claim" Deed?

What Are "Vesting" Choices?

What Are Fire Insurance Requirements?

What is a Trustor?

What is a Trustee?


What is "recording a deed"? The involves the title company sending the deed (a deed conveys ownership from the seller to the buyer) to the County Recorder's Office to have it recorded. If a deed is not recorded someone else could claim that they own the house. 


 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Conforming loan limits: For 2002: One unit 300,700; two units 384,900; three units 465,200; four units 578,100
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

FHA Loan Limit:
FHA loan limits for High Cost areas Jan. 2002

1 unit $ 261,609
2 unit 334,863
3 unit 404,724
4 unit 502,990

normal areas $ 144,336 for 1 unit
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Rate Locking: This involves having a conversation with the loan officer during normal bank lock desk hours (10 till 4) and asking to lock in at a certain rate for a certain time. The thriftiest lock is for 15 days, a 30 day lock usually costs 0.25% extra points. A lock does not occur until it is confirmed by the bank. In rare cases the rate can fluctuate when you are asking for a lock and while your loan officer is on hold with the bank rate lock desk the bank may change the rate. 


 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

What is a trustee? This person is in control of a trust or if using a deed of trust (a type of home loan)  the Trustee is responsible for forcing the homeowner into foreclosure if the loan is in default.



 
 
 
 
 
 

What is a Trustor? The trustor is responsible for paying the home loan. They are the homeowner  / borrower. See Deed of Trust.



 
 
 
 
 

What are vesting choices? "Vesting" is how you take title to your property. Some examples are: Joint Tenancy, Tenants-in-Common, In Severalty, Community Property, married person taking title as sole owner.  Consult your lawyer for the best decision.



 
 
 
 
 

What are fire insurance requirements? Must insure the home for the cost to replace the structure. So if the 1,500 square feet building costs $ 180,000 to rebuild and the land is worth $ 400,000 and the loan is $ 450,000 the insurance should cover $ 180,000.



 
 
 
 
 

What is a quit claim deed? Used when one conveys ownership to a co-owner (not a new owner). Mainly used in a divorce.



 
 
 
 
 

Why put my house in a "family trust"? This is an ownership entity like a corporation which is used to own a personal residence and personal assets. The reason to use it is to avoid probate when the owner dies and maximize estate planning benefits. When the owner dies, the Trustees of the trust have immediate control with no need for a court order to convey ownership to the heirs of the estate.



 
 
 
 
 

What is a "deed of reconveyance"? This is issued by a bank when their loan is paid off. It is recorded at the County Recorder's Office to verify that your old loan is definitely closed out and paid off.



 
 
 
 
 

Why Do I Have To Wait Three Days After Signing For a Refinance?
     This is called the recission waiting period. It is required by law to give you "cooling off" time to be sure you like your loan.



 
 
 
 
 

How Can I Buy a Home at the Best Price?
     Obtain a loan preapproval before shopping. A preapproved borrower is worth more to the seller than one who is not preapproved, so the seller may accept a lower offer from you. Ask your loan agent for the names of best Realtors.



 
 
 
 
 

Why Does a Zero Balance Second Mortgage Need to Be Subordinated?
      Why does a zero balance second mortgage a.k.a.  "home equity line of credit" (or any second mortgage) need to be subordinated? It is a mortgage and an old second mortgage takes priority in real estate law over a new first mortgage. Therefore the new first mortgage lender needs the old second mortgage lender to "subordinate" the second mortgage. This means that the second mortgage lender must review the first mortgage to be sure that it is not significantly larger than the previous one, etc. The second mortgage lender has to approve you all over again, using a copy of the new first mortgage loan file. Subordination takes extra time and effort. We do not charge extra for subordination, however we ask that the borrower pay any subordination fee. (If we are doing a "no cost" loan we will only cover $ 50 towards subordination fee). A few lenders charge the borrower $ 250 for subordination, however, most second mortgage lenders do not charge for subordination.



 
 
 
 
 

How to Get Best Rate if I'm Buying a Home?
     If buying, you may not be able to wait months for the best time to lock the rate. So do zero cost purchase, then refinance later with better timing you will be able to lock in on the best day, with no pressure from the home seller to hurry up and close escrow.



 
 
 
 
 

What is Fastest Way To Get a Loan?
     Order the appraisal immediately and drop everything to rush out meet the appraiser when they are available. They work by appointment. They need daylight to be able to photograph the house. The while waiting for the appraisal, please fax and mail the loan application and supporting documents such as paystubs, W-2's, bank statements. Or Federal Express it to us.



 
 
 
 
 

What Are Debt Ratios?
 These are the ratio of income to monthly debt service. The suggested limit is 40% of income can be spent on debts. (Income is usually defined as a two year average for a person with no job changes or career changes in two years, with some flexibility allowed for job changes).



 
 
 
 
 

What is a "No Doc" Loan?
     This loan requires no proof of income and no proof of savings. It costs more than a loan with verified income.



 
 
 
 
 

What is an Easy Qualifier (Quick Qualifier)?
     This loan requires no verification of income. It is designed to enable borrowers who have very complex or wildly fluctuating income to obtain a loan with minimal paperwork. (Usually these borrowers are self employed or commissioned). Lenders still want to verify two years in the same occupation, but not obtain verification of income, so be prepared to show business licenses, etc.



 
 
 
 
 

Why is Income Far More Important Than a Large Down Payment?
     This is because lenders absolutely do not want to foreclose. If a lender forecloses they are not in the business of repairing, remodeling and then selling houses. Usually foreclosed homes need repair work and they are usually foreclosed in recessions when it is hard to sell a home. So the bank has to pay six percent to the Realtor and wait eight months to sell, plus two months to fix up the home. If it takes half a year to foreclose and another half year to sell the bank loses a lot of interest. It can take 25% of the home's value to cover bank costs associated with foreclosure. Also, if a foreclosure occurs in a recession, homes may sell for 30% below the purchase price. So the total of spending 25% of home value in foreclosure costs and 30% in decline in value means that 55%  of the home's value is wasted due to foreclosure. Therefore, a maximum of 45% of loan to value is the only safe loan (in the opinion of bankers).
     The central issue is that banks are uncomfortable with ruthlessly throwing anybody out of a home. Would you like to be the bank employee who kicks someone out of a foreclosed home during the rainy season? Banks prefer to avoid the bad publicity and emotional pain associated with this form of "economic capital punishment", so banks refuse to lend unless a person has plenty of income in proportion to monthly debt payments.
     Also, the law requires that banks protect borrowers by only letting people who can afford the payments have a loan. Over the years consumers who lost their homes to foreclosure have urged Congress to make it illegal to lend to someone who does not earn enough to afford the monthly payments. So a large down payment that makes it "absolutely risk free" for a bank is irrelevant.



 
 
 
 
 

What Are Cash-Out Refinance Limits?
     Very important: If you took cash out from a refinance or use of a line of credit in the past 12 months you will be categorized as a cash out refinance borrower, even if not taking any cash out for the current refinance. Cash out requires an extra 0.25% points fee and has a lower loan to value ratio.



 
 
 
 
 
 

Why Do Banks Want a Borrower to Sign IRS Form 4506?
     This is because this is the only way for the bank to really, really be certain that income data in the loan file is true. The IRS faxes tax returns directly to bank to confirm that your W-2's or taxes are true copies.



 
 
 
 
 
 
 
 

What Happens if My Loan is Sold? Will My Loan Be Sold?
     Some banks sell loans to pension funds or investors after the loan closes. This does not affect the terms of your loan.



 
 
 
 
 
 
 
 
 

Why Use Mortgage Broker?
     They are lower cost, more flexible about finding a good match between your qualification and the programs that you want. A loan officer at a direct lender is forced to "push" on you programs that may not result in your getting the best program.



 
 

What is An Acceptable Down Payment?

     These funds usually must be in loan applicant's own bank account for three months. "Gifts" from relatives must include copy of donor's bank account and gift letter.  


 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Prequalification Versus Preapproval. What is the Difference?
     Prequalification is a letter of opinion written by a loan agent suggesting that the borrower is qualified for a loan. A preapproval is letter stating that the client has been formally preapproved by a bank. The preapproval is a binding commitment subject to buying a property that meets bank rules and of course subject to no changes in one's financial condition.



 
 
 
 
 
 
 
 

Why Do All Owners of a Home Need To Sign & Apply For the Loan?
      All owners of a home must sign documents and apply for the loan because a loan can only be placed with consent of all owners.


Amortize

To reduce a debt by regular payments of both principal and interest, as opposed to interest only payment.

Annual Percentage Rate (APR)

A measure of the cost of credit, expressed as a yearly rate. It includes interest as well as other charges. Because all lenders follow the same rules to ensure the accuracy of the annual percentage rate, it provides consumers with a good basis for comparing the cost of loans, including mortgage plans.
 

Balloon Note

A note calling for periodic payments which are insufficient to fully amortize the face amount of the note prior to maturity, so that a principal sum known as a "Balloon" is due at maturity. Balloon Payment is the final payment of a mortgage which is usually used to pay off the debt and is much larger than a regular payment. Typically associated with 5/25 and 7/23 mortgage programs.

Bridge Financing

A form of interim loan, generally made between a short term loan and a long term loan, when the borrower needs to have more time before taking on long term financing.

Buydown

A payment to the lender to reduce the interest rate on a mortgage.

Closing Statement

The statement which lists the financial settlement between buyer and seller, and also the costs each must pay. A separate statement for buyer and seller is sometimes prepared. Settlement Statement (HUD-1). A statement prepared by broker, escrow, or lender, giving a complete breakdown of costs involved in a real estate sale.

Credit Score (aka Fico Score)

     A computerized analysis of a credit report that summarizes the borrower's risk in a three digit score. You can have a bad score even if you were never late, if you have excessive borrowings or credit inquiries. These are usually called Fico scores after the company that started credit scoring. The factors are: excessive use of credit cards, repeated credit inquiries in the last three months, lack of credit references for over two years; less than five credit references; late payments, especially in the last two years, judgments or liens, even if paid off. Any late payments in the last seven years, even if the creditor was paid off and the account was closed a long time ago affect credit rating and credit score. Several banks offer their best loans  (at a discount of 0.25% rate reduction) to borrowers with a very, very good Fico score. Credit Score aka Fico Score

     A computerized analysis of a credit report that summarizes the borrower's risk in a three digit score. You can have a bad score even if you were never late, if you have excessive borrowings or credit inquiries. These are usually called Fico scores (after the company that started credit scoring). The factors are: excessive use of / high balances on credit cards, repeated credit inquiries in the last three months, lack of credit references for over two years; less than five credit references; late payments, especially in the last two years, judgments or liens, even if paid off. Any late payments in the last seven years, even if the creditor was paid off and the account was closed a long time ago affect credit rating and credit score. Several banks offer their best loans  (at a discount of 0.25% rate reduction) to borrowers with a very, very good Fico score.

     Regarding credit inquiries, anytime you apply for credit or cellular phone or a lease or a job, etc. you may have your credit checked. Therefore, you may have had excessive credit inquiries, even though you were just looking for a job, renting an apartment, signing up for a cellular phone and shopping for the best credit card.

     Capricious nature of credit scoring: according to prominent newspaper columnist one borrower had a 100 point change in his credit score over a two month period for reasons beyond the borrower's control, causing him to be denied the best loans! Credit scores for most people range between 680 to 780, so a 100 point change is a huge difference.

Fico score thresholds:
Below 600: very bad
601 to 619: bad
620 to 679: not very good, minimum needed to qualify at most lenders
680-700: good but no special discounts available
700-719: a few lenders offer easier approval
720-749: This is where discounted rates are offered by some lenders.
750-775: Hard to get this high. Need this to get the best loans.
776-815: Almost impossible to get this high. Try climbing Mt. Everest instead!
Over 815: I've never seen a score this high.

Deed of Trust
A document temporarily conveying ownership of the mortgaged property to the note holder; should a default occur, the note holder becomes the owner more quickly than if a mortgage had been used.

Escrow

Delivery of a deed by a grantor to a third party for delivery to the grantee upon the happening of a contingent event.

FICO Score

This is a credit score that can result in the borrower receiving or not receiving a good loan.

Home Owner Association

An association of people who own homes in a given area formed for the purpose of common ownership and maintenance of certain shared facilities.

Impound Account

An account where a portion of a mortgagor's monthly payment is held in trust by the lender to pay for taxes mortgage insurance, hazard insurance, lease payments, and other items as they become due.

Joint Tenancy

An undivided interest in property, taken by two or more joint tenants. The interests must equal, accruing under the same conveyance, and beginning at the same time. Upon death of a joint tenant the interest passes to the surviving joint tenants, rather than to the heirs of the deceased.

Negative Amortization

A condition created when a loan payment is less than interest alone. Even though payments are made on time, the amount owing increases.

No Cost Loan

All non-recurring closing costs except transfer tax are paid by the lender. ( Not available in purchases in counties where buyer customarily pays all of title and escrow). The no-cost loan is available when the borrower elects to take a higher rate loan than if he or she had chosen a loan with points and closing costs. Therefore, some people say the no-cost loan is not really no-cost because of the higher interest rate. If you chose a no-cost loan you must calculate the extra interest cost compared to a loan that charges points and closing costs, analyze the holding period of the new loan and decide which route is more cost-effective for you. Usually a one to three year use of a no-cost loan is cost effective, and if you keep a loan more than three years then a loan with points and costs is the best.

Origination Fee

A fee or charge made by a lender for making a real estate loan. Usually a percentage of the amount loaned.

PMI (Private Mortgage Insurance)

Insurance similar to FHA or VA insurance, insuring part of the first mortgage or deed of trust, enabling a lender to make a conventional loan of a higher percentage of the property value. Insurance written by an independent mortgage insurance company protecting the mortgage lender against loss incurred by a mortgage default, thus enabling the lender to lend a higher percentage of the sale price. Usually required for loans with a loan to value ratio above 80%.

Points

A point is equal to one percent of the loan.

Settlement Statement (HUD-1)

A statement prepared by broker, escrow, or lender, giving a complete breakdown of costs involved in a real estate sale.

Title Insurance

An insurance policy which protects the insured (purchaser and lender) against loss arising from defects in title.

Zero Cost Loan

A loan that pays for all non-recurring closing costs, except for transfer tax. Not applicable in a purchase transaction in a county where the buyer customarily pays title and escrow fees.

 

Solutions  Solutions are dependent upon facts & circumstances, law and the objectives.  These elements vary from one time to another, from one circumstance to another and from person or entity to another.

 

 

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