Highway robbery – How to avoid getting taken advantage of in the loan process

6 Steps to Pre-Qualification

People wanting to take a home mortgage loan are mortally afraid of being considered bankrupt barely a day or so after their home loan has been approved. If borrowers have a reputation of bankruptcy or foreclosure, it can mean bad credit loans in the mortgage business. Therefore, a borrower with such a history should not expect to get the same kind of home mortgage loan as a borrower with perfect credit.

Self Pre-Qualification

Credit Score: Before trying to get a home mortgage loan, borrowers should first see realistically just where they stand with their credit rating. Do they belong to the A, B, C or D grades where A stands for perfect credit; B for a bit of tarnished reputation; C fairly bad credit; and D for very bad credit? Scoring models also make a big difference to the borrower: Here, a near perfect score is about 800 with scores getting bad as you reach the 400 mark. Some of these go by names such as FICO, Beacon or Empirica and belong to major credit reporting agencies.

Loan-to-Value Ratio (LTV): Loan eligibility also takes into consideration the ratio between the amount of money borrowed on a home mortgage loan and the real value of the property being placed as collateral. To know the value of new purchases, as a borrower, you would have to consider the lower purchase price of the appraised value. If a home owner has lived on the property for about six months or a year, coupled with refinance, the appraised value can be used in the loan to value calculation. But this distinction can also present problems as when a home is bought a home worth $100,000 at an auction for a mere $60,000.00. Credit needed over the mortgage amount is usually made from a cash down payment. When the loan available due to limited LTV does not meet the requirements of the sale price of the house in question, family support usually helps.

Debt-to-Income Ratio: You can calculate the debt-to-income ratio by adding all the borrower’s debt payments, including the home mortgage loan applied for and any other such as car loans, consumer debt, credit cards etc. Now, divide this number by the net cash available each month for the borrower’s living expenses and his debt. Lenders would not prefer this figure to exceed 40%.

Affordability: Having all these calculations at your fingertips, you should be able to judge your borrower’s affordability and exactly where he falls in the credit rating system for a home mortgage loan.

Pointers for home mortgage loan borrowers:

Points for good credit borrowers: If a borrower has a history of bad credit, lenders will charge him more points and higher rates of interest since it is a risk for a lender to deal with such a person. But borrowers on home mortgage loans with a good credit history should not enter into a loan agreement where they are forced to pay points based on a bad credit loan. After all, if a borrower has worked hard to earn good credit, he deserves the benefits.

Pricing for bad credit borrowers:

To have bad credit often means coughing up a higher rate of interest and origination fees on a home mortgage loan. Usually, points can come to the borrower in several avatars—origination fees, discount fees, broker fees or yield spread premium. Points on a loan refer to a fee that is about one percent of the loan amount. So, borrowers with good credit may often pay nothing while those with bad credit will have to pay four or five points. Sometimes, unwary customers have been asked to pay up to 10 points—something highly unwarranted. In fact, should this happen to you or anyone you know, he should consider it a red flag that someone is trying to cheat him. Of course, the mortgage broker will explain this by saying he can provide a loan where no one else will take the risk.

In such cases, finding a lender willing to help out with credit may take a little longer for the borrower but if he is diligent enough about his search, the home mortgage loan will finally materialize the way he wants it.

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Mortgage vs. Deed Trust

Most of us think of our home loan as a mortgage, when that isn’t particularly true. When a borrower agrees to pay a lender a certain amount of money, under certain conditions, the borrower will sign a promissory note. A lender will then require the borrower to sign a mortgage, as a security tool to give the lender a legal form of security. A mortgage is a written document to protect the lender’s interests in your property. Therefore, a mortgage is not a loan.

A mortgage is between two parties, you the “mortgagor” and your lender. The mortgage is a document that creates a lien on your property that is entered into public records to serve as the lenders security for that debt. Possession cannot be transferred to another party until you, as the borrower, pay the debt to release the lien. Only you have all the rights of ownership to your property, even if your loan is secured with a mortgage.

Only if the borrower defaults on their mortgage will the lender have the right to protect their interests and foreclose on the property in order to recover funds. When a mortgage is used as the lenders security, foreclosure will usually go through the judicial foreclosure process through the court system that may take up to four months. Mortgages are used as security tools in more than half of the states in the U.S., while other states may use a deed of trust. Both the mortgages and the deed of trust, often serves the same purpose, but with some significant differences.

Like the mortgage, a deed of trust is entered into public records to put a lien on your property. There are three parties involved with a deed of trust: you, as the “trustor,” the lender as the “beneficiary” and a “trustee,” who is a third party that holds a temporary title until the lien is paid. The trustee holding the temporary title, should be a neutral party that does not favor the trustor or the lender, if problems should arise. These third parties acting as neutral trustee’s can be attorneys, an escrow company or title insurance companies. Under no circumstances can the third party, or trustee, take over your property.

The deed of trust will only be removed when the debt to the lender is paid. Only then will the will the trustee issue a release of the deed that should be recorded at the county recorder’s office and made available to the public that the loan has been paid in full and that the lender interests in the property have come to an end.

The difference between a deed of trust and a mortgage will only affect home owners when foreclosure becomes an issue. This is when the trustee has the authority to sell your home when your loan becomes delinquent. It is up to the lender to provide the trustee with proof of the delinquency and to request foreclosure proceedings to begin. The trustee must then proceed as allowed by law and as it is dictated in the deed of trust. The process may bypass the court system to make a much less expensive and quicker way to go for the lender during a foreclosure. 

A deed of trust and a mortgage can also differ during foreclosure. Depending on where you live, state law will have to determine how a foreclosure will be handled. Normally, a deed of trust allows for a speedier foreclosure. When the borrower defaults on a loan, the lender gives the deed of trust to the trustee to sell the property. A mortgage is normally requiring a judicial foreclosure, which may take longer. Properties may not be foreclosed upon until all rules are followed and notices have been sent.

Borrowers cannot choose which way their loan is secured, whether it’s by a mortgage or a deed of trust, this is all determined by what state you live in or are buying in. It’s very important to have a complete understanding of the type of lien that will secure the debt of your home. This should all be explained to you thoroughly by your lender or trustee. Do your homework and ask questions before signing any documents. Borrowers must protect themselves as the lenders and other companies do.

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Lying about loans – Legality of using loan money for something other than its purpose

When accepting a loan for a specific purpose, you are obligated to use it for that intended purpose. Using the loan for other reasons is actually illegal. The lender will not be happy and may even file a legal action against you. Here we will have a look into what some of the outcomes are and what you should really do if you need a loan, but truthfully.

Usually when you apply for a loan the lender will want to know how you are spending the money and they will usually put a restriction on the use of the loan. This is all done for a good reason. They need to know that their money isn’t going to be wasted. Depending on what the loan is, you will have a variety of fees and interests rates that usually go up when the loan has a high risk borrower. Borrowers who do not have collateral are considered high risk. But this does vary from lender to lender. These terms of what the loan can be used for will be stipulated in the contract you will need to sign when you are approved for the loan. If you are going to use a loan for something other than its initial purpose be aware of the repercussions. These consequences usually include things like having to give back the loan money or if you have spent it you will have to pay it back straight away as well as facing penalty charges. Fees are also applied that resulted in your breaking the agreement that was written out in the contract’s terms and conditions. The lender could even take legal action against you, such as filing a law suit and other related options, which in the end will cost you even more money. You will need to pay your lawyers fees and possibly the lenders lawyer as well, not to mention this will also take up a lot of your time.

To make matters even worse was if you applied for a loan and used it for something other than what you told the lender you were going to use it for, is found to be lying on the application form. Lying about information like your income and assets so you could increase your chances of getting the loan in the first place will only lead you into legal trouble. When you are caught doing this, you could be charged and prosecuted with several counts of fraud as well as other charges. You will also face having a criminal record as well as the possibility of receiving fines, community service, jail and the ruination of your credit record. The lender can also take other legal actions against you.

If you are in need of a loan you are much better off applying for a personal loan. These loans are available through any bank for almost any amount. With a personal loan you have the pleasure and ease of being able to do anything that you please with it. You can buy that stereo you’ve always wanted, a big screen television, a fast car, pay your over due bills, go on a fantastic holiday, move to a new house or practically anything you want, without being restricted and it is a completely legal and up front. No need to lie when applying for a personal loan. Sometimes personal loans can come with higher interest rates since there is a degree of risk involved, but you have the freedom and flexibility to shop around for such things such as lower interest rates. Personal loans usually have a lot more flexibility in their repayment options.

When you really look at it, is it worth putting your clean credit record at risk or even being denied the chance to apply for another loan in the future by lying about what you are using the loan money for? Remember there are plenty of other loan options available that you can apply for and use in absolutely any way you’d like and for anything you want. Do the right thing and tell the truth about what you are going to use your loan money for. In the end, a few extra dollars for the higher interest rate will out weigh any court matters.

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Go for Broker: A Mortgage Broker Can Pay Off for You

Maybe you’re buying your first home or maybe you’re just considering upgrade residences. Either way, you’re going to need a mortgage to pay for your new home. Should you apply at the bank for a loan or should you take advantage of a mortgage broker’s services? The decision really depends on a variety of factors, but most important is your personal preference and needs.

How do mortgage brokers differ from loan officers? As an employee of a bank or lending company, a bank loan officer processes loans and mortgages for his or her employer. The main difference between loan officers and mortgage brokers is that mortgage brokers are not employees of a particular lending company; they are independent or freelance agents. Mortgage brokers can work with just a few or even hundreds of lending companies whereas a bank loan officer is an employee of one particular bank. Though a bank officer may be able to offer a few different types of mortgages, they all originate from just one place whereas a mortgage broker works with tens or even hundreds of companies to get you a good interest rate and terms for your mortgage. It is a mortgage broker’s job to bring together borrowers and lenders – for a fee, of course. A mortgage broker is essentially a go-between. They do not lend you the money; they find the people who will lend you money for your new home.

Mortgage brokers do a lot more of the research for you. They evaluate you as a homebuyer, and taking into account your credit standing, they decide which lender will best suit your needs. A mortgage broker submits the loan application on your behalf and works with you until it goes through. You can do this research yourself if you have time, but a mortgage broker has a working relationship already established with many of these lending companies and that may result in a better deal for you. Mortgage brokers secure loads through many types of investors including investment banks, savings and loans and even private sources.

Most of the mortgages you may have seen on the Internet are put there by mortgage brokers. Many in-person or online mortgage brokers have connections to lenders in all different parts of the country, which is something that has its own pros and cons. You may end up getting a better rate, but an out of Area Company may not have the necessary knowledge of property in your area or specific property features and classifications. In the longer run, this probably won’t be an issue; there just might be a slight delay in processing your application until all terms and questions about the property are answered.

If you’re having trouble securing a loan from a bank, a mortgage broker may be your best bet. Mortgage brokers are often able to find a lender for applications that banks refuse. So there is hope if your local bank has turned you down – you just need to expand your search for a lender to online banks or a mortgage broker.

To prepare for a meeting with a mortgage broker, you should obtain copies of your credit history. Though a mortgage broker is able to do this, it will save time and hassle if you bring these with you to the initial meeting. The mortgage broker will be able to give you a much clearer idea of the type of loan and terms he or she can secure for you if they know what your current credit situation is.

You do need to remember that mortgage brokers get paid a fee for the transaction so they are working for their own interests as well as yours. The higher a rate they get for the lending company, the more their commission will be so let them tell you what terms they can obtain rather than what you’re willing to accept.

Remember that everyone’s needs are different. Talk to family and friends and see whether they secured their mortgage through the bank or through a mortgage broker. Do some investigating to find the best loan terms and transaction time. Your real estate agent may also be able to make some useful suggestions or even refer you to a suitable mortgage broker.

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FYI on PMI – General Information on Private mortgage insurance

What is PMI? PMI, or private mortgage insurance, is an insurance that home buyers are required to purchase if their down payment is low. Private mortgage insurance is usually required of home buyers whose down payment is 20 percent or less of the property’s sale price or appraised value. This insurance was created by private mortgage insurers, and was created to provide protection for the lender in the case that the home buyer should default on the loan.

Private mortgage insurance has helped create millions of new homeowners by allowing people to buy homes with much smaller down payments than had previously been accepted. As home prices continue to soar, the ability to purchase a home with a small down payment has become even more important. Private mortgage insurance allows potential homeowners to buy a home sooner, with even just a 5 percent down payment. Also, private mortgage insurance can help you qualify for a greater number of home loans.

The cost of private mortgage insurance varies according to the down payment and mortgage loan, but it typically equals approximately one half of one percent of the total amount of the loan. But how exactly is private mortgage insurance calculated? Let’s assume you bought a house for $100,000, for which you put set down a 10 percent down payment. Your lender will multiply the remaining 90 percent by .005 percent. The result, $450, is your annual private mortgage insurance, which is divided into monthly payments.

After a few years of paying down your mortgage loan, you should be able to stop paying private mortgage insurance. You should keep track of your payments and contact your lender when you reach 80 percent equity so that your private mortgage insurance can be cancelled. In 1999, a new law, the Homeowner’s Protection Act, was passed that requires lenders to notify you, the buyer, how many months and years it will take for you to pay the 20 percent of your principal. However, it is still a good idea to keep track of it on your own.

This same law also allows lenders to make certain buyers continue their private mortgage insurance, all the way to 50 percent equity. This requirement applies to buyers classified as high risk borrowers. Some Federal Housing Administration loans may even require that home buyers acquire Private mortgage insurance through the lifetime of the loan.

If the idea of paying private mortgage insurance for years sounds unappealing, you’re not alone. Over the years, new ways of avoiding payment of the private mortgage insurance—even when you don’t have the 20 percent down payment available—have emerged. One strategy commonly employed to avoid paying private mortgage insurance is to pay more interest on your mortgage loan. Some lenders will waive the private mortgage insurance requirement if the home buyer agrees to pay a higher interest rate on their mortgage loan. One advantage to this strategy is that mortgage interest becomes tax deductible.

Another way to avoid paying private mortgage insurance is by using the ’80-10-10’ loan strategy. This strategy involves taking on two loans and putting down a 10 percent down payment to purchase a home. One loan finances 80 percent of the mortgage, while the second loan finances the remaining 10 percent of the sales price. The second mortgage—the one that covers the 10 percent—has a higher interest rate. But since the amount of the loan is low, the interest charges are relatively easy to pay off. Under this plan, the mortgage interest is also tax deductible.

You may also be able to cancel your private mortgage insurance if you can prove that your home has increased significantly in value. If the value of your home has gone up, you may already have 20 percent (or more) of the equity you need to cancel your private mortgage insurance. You can submit evidence of this to your lender, but the process is slow. Expect to wait up to two years for the lender to make a decision.

You may be required to continue paying private mortgage insurance, however, if you have a poor payment history, or if your credit record reflects any liens placed against your property. You should speak to your lender to see how any changes in your credit record may affect your use of private mortgage insurance.

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