Lesson 13: Applying for a Mortgage Loan

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Real Estate Principles of Georgia Lesson 13: Applying for a Mortgage Loan 1 of 64 341 Choosing a Lender Types of lenders Types of lenders include: savings and loans commercial banks savings banks credit unions mortgage companies 342 Types of lenders Mortgage companies Mortgage companies: not depository institutions act as loan correspondents (intermediary between investor with money to lend and home buyer seeking financing) act on behalf of large investors make the most mortgage loans 342 1

Types of lenders Mortgage companies Mortgage Companies/Mortgage Bankers: sell their loans to investors on secondary market often service loan for fee 344 Types of lenders Mortgage companies Mortgage company vs. Mortgage broker A mortgage broker simply arranges loans, bringing borrowers and lenders together for a commission. 345 Types of Lenders Other financing sources Seller financing: Seller extends credit to buyer. Seller financing is important when: buyer s s income is inadequate interest rates are high buyer has poor credit history 345 2

Summary Choosing a Lender: Types of Lenders Savings and loans Commercial banks Savings banks Credit unions Mortgage companies Mortgage brokers Other sources Choosing a Lender Loan costs Loan costs include: interest charges origination fees discount points lock-in fees 345 Loan Costs Origination fees Origination fee: Administrative charge for processing loan, paid at closing. Also known as loan fee, service fee, or administrative charge. 345 3

Loan Costs Discount points Discount points: Fee paid to lender at closing to increase lender s s yield (or profit) on loan and to lower Borrower s s interest rate. - One point is equal to 1% of loan amount. Two points are equal to 2% of loan amount. Buydown: : Seller pays buyer s s discount points to lower buyer s s interest and make loan more affordable. 345 Loan Costs Discount Points Effect of each discount point: Lowers borrower s s interest rate by 1/8 of 1% Raises lender s s yield by 1/8 of 1% 346 Lock-in fee: Fee paid to lender by buyer to guarantee interest rate for a certain period. Loan Costs Lock-ins Without lock-in, lender may change loan s interest rate at any point before closing. 346 4

Loan Costs Truth in Lending Act Truth in Lending Act (TILA): Federal consumer protection law requiring lenders to disclose total cost of obtaining loan. Implemented through Regulation Z, a Federal Reserve regulation. 347 Loan Costs Truth in Lending Act TILA applies to consumer loans: for personal, family, or household purposes paid off in more than four installments or involving finance charges for $25,000 or less or secured by real property All real estate loans regardless of loan amount 347 Loan Costs Truth in Lending Act TILA does NOT apply to: loans made to corporations or organizations loans made for business, commercial, or agricultural purposes seller-financed transactions/purchase money mortgage 347 5

Loan Costs Truth in Lending Act If loan is covered by TILA, lender must disclose loan s: total finance charge annual percentage rate (APR) 347 Loan Costs Truth in Lending Act Total finance charge: Sum of all fees borrower must pay, including interest, origination fees, discount points, service fees, and mortgage insurance premiums. Does NOT include seller- paid points, appraiser fees, or credit report fees. 347 Loan Costs Truth in Lending Act Annual percentage rate (APR): Cost of loan expressed as annual percentage of loan amount (also called effective interest rate). More accurate way to compare loan costs than by comparing nominal rates. 347 6

Loan Costs Truth in Lending Act TILA also: requires good faith estimate of loan costs to be given to borrower (within three days of loan application) gives home equity borrowers and those who refinance right of rescission (within three days of signing loan agreement) 349 Loan Costs Truth in Lending Act TILA advertising rules / Trigger Terms ad can list cash price or APR without triggering full disclosure requirements otherwise, it must also disclose: required downpayment points terms of repayment (i.e., loan balance and total number of payments) 349 Summary Choosing a Lender: Loan Costs Origination fee Discount points Lock-in Truth in Lending Act Total finance charge Annual percentage rate 7

Loan Application Process Underwriting Lender evaluates completed application according to its qualifying standards (underwriting( the loan). Underwriter assesses degree of risk loan would create and decides whether loan should be approved. 349 Loan Application Process Underwriting Three main considerations: income net worth credit history 351 Underwriting Income Underwriter uses income ratios to evaluate quantity of income. Two ratios: housing expense to income ratio debt service to income ratio 352 8

Summary Loan Application Process Prequalification Loan application Stable monthly income Income ratios Credit history Subprime lending Basic Loan Features Amortization Amortized loan: Requires regular installment payments of both principal and interest. Fully amortized loan: Monthly payments pay off entire debt at end of loan term. Partially amortized loan: Monthly payments not enough to pay off entire debt; borrower owes balloon payment at end of term. 356 Basic Loan Features Interest Only / Straight Term Payments include only interest Entire principal amount borrowed due at end of loan term 357 9

Basic Loan Features Loan-to to-value ratios Loan-to to-value ratio (LTV): Relationship between loan amount and value of security property, expressed as a percentage. $80,000 loan on a property worth $100,000 would have an 80% LTV. The lower the LTV, the greater the buyer s equity in the property. 358 Basic Loan Features Secondary financing Buyer may use second mortgage loan to pay for part of downpayment and closing costs. Source of secondary financing: institutional lender property seller private investor 359 Basic Loan Features Interest rates Fixed-rate: Interest rate remains same throughout loan term. 6% 6% 6% 6% 6% Adjustable-rate: Interest rate adjusted periodically throughout loan term to reflect current market interest rates. 6% 7.5% 8% 7% 9% 359 10

Elements of ARM: index margin adjustment periods caps ARMs Elements 359 Elements of an ARM Margin Margin: Difference between index rate and interest rate charged to borrower. Lender adds margin (i.e., 2 percentage points) to index rate to cover lender s s expenses and profit. Margin stays same throughout loan term. Interest rate Index rate = Margin 360 Elements of an ARM Caps Caps help prevent large payment increases that might force borrower into default. Interest rate cap: Limits amount interest rate may go up over a year, or over loan term. Payment cap: Limits amount lender can raise monthly payment amount. 360 11

Elements of a GPM Graduated Payment Mortgage - Fixed Interest - Lower than amortized payment in early years of loan - Negative Amortization: causes loan s s principal balance to go up rather than down, as unpaid interest is added to balance occurs if increases in monthly payment amount don t t keep up with increases in loan s s interest rate 360 Summary Basic Loan Features Loan term Amortization Loan-to to-value ratio Secondary financing Fixed-rate mortgage ARMs Index Margin Rate and payment adjustment periods Rate and payment caps GPM - Graduated Payment Mortgage Residential Financing Programs Major types of residential financing: conventional loans FHA-insured loans VA-guaranteed loans 361 12

Residential Financing Programs Conventional loans Conventional loan: Any institutional mortgage not backed by a government program. Most lenders follow Fannie Mae and Freddie Mac standards so loans can be sold on secondary market. 361 Residential Financing Programs Nonconforming loan: Loan that doesn t meet Fannie Mae or Freddie Mac standards. Conventional loans Lender must keep nonconforming loan in its own portfolio. 361 Conventional Loans Loan-to to-value ratios Conventional loans are divided into 80%, 90%, and 95% loans. If loan falls between these percentages, round up to classify. Loan with 81% LTV is a 90% loan. 361 13

Conventional Loans Loan-to to-value ratios Standard LTV is 80% for conventional loans. Loans with 90% or 95% LTVs represent added risk. Lender will require borrower to pay private mortgage insurance (PMI). 362 Conventional Loans Private Mortgage Insurance Two Options of Payment: In Full at Closing 90% LTV: 2% of loan amount 95% LTV: 2.5% of loan amount Spreading Part up front at closing Balance in monthly installments 362 Conventional Loans Qualifying standards Fannie Mae and Freddie Mac set underwriting standards for conventional loans. Include maximum housing expense to income ratio and maximum total debt service ratio. 363 14

Conventional Loans Most conventional loans contain alienation clause. Prevents borrower from selling loan and having buyer assume loan without lender s permission. Assumption 363 Summary Conventional Loans Conventional loan Nonconforming loan Conventional LTVs Owner-occupancy Private mortgage insurance Qualifying standards Residential Financing Programs FHA-insured loans Federal Housing Administration (FHA): Created in 1934 to promote home sales and financing for low- and middle-income income homebuyers. 363 15

Residential Financing Programs FHA-insured Loans FHA does not accept loan applications directly from borrowers. Borrowers apply to lender that is approved to make FHA-insured loans. 363 FHA-insured Loans Key characteristics Key characteristics of FHA loans: Typically 30-year loans. Owner-occupancy, with 1-44 units. 1% origination fee. Qualifying standards are less stringent 364 FHA-insured Loans Key characteristics Low downpayment (often less than 3% of the loan amount). 97.75% if sales price is above $50,000 98.75% if sales price is $50,000 or less Mortgage insurance required for duration of loan term. Maximum loan amount varies from area to area. 364 16

FHA-insured Loans Programs FHA programs: 203(b): Standard program to insure purchase/refinance loans on residences with up to 4 units. Other programs are variations of basic 203(b) program. 365 FHA-insured Loans Qualifying standards Maximum income ratios are higher for FHA borrowers than conventional borrowers. No maximum income limits: Buyer at any income level can qualify for FHA loan as long as loan amount doesn t exceed maximum allowed for area. 365 FHA-insured Loans Qualifying standards FHA loans require both: one-time Mortgage Insurance Premium (MIP) paid at closing, and annual mortgage insurance premiums (usually paid each month). 365 17

FHA-insured Loans Assumption FHA loans that closed before 1990 may be freely assumed. Newer loans may be assumed only if buyer: meets FHA underwriting standards intends to occupy home as primary residence 365 Summary FHA-insured Loans Federal Housing Administration Owner-occupancy Maximum loan amount Minimum cash investment FHA qualifying standards Residential Financing Programs VA-guaranteed loans VA loans: Loans guaranteed by Department of Veteran Affairs (if borrower defaults, government will reimburse lender for all or part of its loss). 366 18

VA-Guaranteed Loans Eligibility VA borrower must have served period of active duty in U.S. armed forces. Spouses of deceased or missing veterans and long- term national guard or reserves members are also eligible. 366 VA-guaranteed Loans Loan process Eligible veteran receives Certificate of Eligibility from VA. Veteran applies to lender, not VA. Property must be appraised according to VA guidelines (appraised value set forth in Certificate of Reasonable Value). 366 VA-guaranteed Loans Characteristics Key characteristics of VA loans: No downpayment or maximum loan amount (100%). Qualifying standards even less strict than FHA standards. No mortgage insurance required. Loan applicant must intend to occupy property. Usually fixed-rate 30-year loans. Borrowers may opt to pay discount points. Funding Fee 366 19

VA-guaranteed Loans No maximum VA loan amount, but VA sets a maximum guaranty amount. Typically, lender will loan 4x this guaranty. For large loan, lender may require downpayment if purchase price exceeds maximum guaranty amount. VA guaranty No maximum loan amount Maximum guaranty amount 367 VA-guaranteed Loans Restoration of entitlement If veteran pays off VA loan: full guaranty entitlement is restored can obtain another VA loan with maximum guaranty 367 VA-guaranteed Loans Restoration of entitlement If VA loan is assumed, in order for seller s entitlement to be restored, buyer who assumes loan must be eligible veteran willing to substitute his entitlement. 367 20

Summary VA-guaranteed and RHS Loans VA-guaranteed loan VA eligibility Certificate of Reasonable Value VA guaranty Restoration of entitlement VA qualifying standards Funding Fee RHS Loans Mortgage Fraud Felony violation in Georgia Up to 20 years in jail Fines up to $100,000 Falsifying information Receiving compensation knowing law is violated Being part of conspiracy 370 Mortgage Fraud At the Closing Mysterious or unnecessary terms on closing statement Strange kickbacks or payouts of cash Buyer is immediately re-selling property for inflated price 370 21

Mortgage Fraud Red Flags Buyer offers more than listing price Contract price unrealistically high Borrower s s loan more than contract price False information included in contract 370 22