Shopping Tips for This Year’s Home Buying Season

A whopping 50 percent of homes are sold in the summer. Even though there can be benefits to buying at other times of the year, you might find that shopping for a home during the traditional home buying season is ideal, since you can go house shopping while the weather is warm and so that you can buy a home and move in-between school years for your kids.

 

Regardless of why you are choosing to go shopping now for your home, you probably want to make sure that the process goes as smoothly as possible. Luckily, if you follow these tips, you can help ensure that you have the best possible success when shopping for a home.

 

Set Your Budget First

 

First of all, you’ll want to set your budget first. There is really no reason to waste your time looking at homes that you can’t afford, after all. Plus, you don’t want to buy more home than you can easily afford, which can make things a lot more stressful once you’re actually in the home and making your mortgage payments.

 

There are online calculators and basic formulas that you can use when deciding how much of a home you can afford. However, you will generally only want to use these numbers as a starting point. Only you really know how much you feel comfortable paying for a home each month, so it can be worth it for you to sit down, make a budget and get a number in mind of how much house you can afford before you ever start shopping around.

 

Get Prequalified

 

If you are unsure of whether or not you will be able to actually qualify for a mortgage, it can pay for you to work with a mortgage lender to get prequalified. Few things can be as upsetting as house shopping and falling in love with a house only to find that you can’t actually buy it because you can’t get approved for the loan. By working with a lender now, you can determine if you will be able to get a mortgage and can get an idea of how much you will get approved for.

 

Make a List

 

Before you start shopping, think about the things that are most important to you. You might want to have a certain number of bedrooms to ensure that the home will be a good fit for your family, for example, or you might prefer a home that has a nice, large yard for gardening. Making a list of these things can make it easier for a Real Estate agent to show you homes that you will actually be interested in and can help keep you focused on what you really want so that you don’t start looking at homes that won’t be a good fit.

 

Don’t Be Afraid to Negotiate

 

When looking at homes, don’t be afraid to negotiate. In many cases, you can negotiate a lower price on a home. Some sellers are also willing to take certain steps to sweeten the deal and encourage you to choose their home out of the ones that you are looking at, such as by covering closing costs or adding in a budget to swap out the flooring or to paint.

 

Plan for Other Costs

 

You shouldn’t just be thinking about the cost of buying the home. You should also be planning for other costs, such as by saving up for closing costs, shopping around for home and auto insurance quotes so that you can secure affordable homeowner’s insurance and thinking about how much you will have to spend in utility deposits and moving expenses.

 

If you are getting ready to start shopping for your dream home, you probably want to ensure that the process goes smoothly. Luckily, following these tips can help you enjoy the best possible success when shopping for the home of your dreams.

Waiting Periods Have Changed To Qualify For A New Mortgage

The Federal Housing Administration is making it easier for once-struggling homeowners to qualify for a mortgage backed by the agency.

For borrowers who meet certain requirements, the FHA is trimming to one year the amount of time that homebuyers must wait after a bankruptcy, foreclosure or short sale before they may qualify for a FHA-backed mortgage.

The waiting period had been two years after the completion of a bankruptcy and three years after a foreclosure or a short sale.

But only certain consumers who’ve been in those circumstances will be able to meet the criteria attached to the eased restrictions. Borrowers must be able to show their household income fell by 20 percent or more for at least six months and was  tied to unemployment or another event beyond their control. They also must prove they have had at least one hour of approved housing counseling and, among other things, have had 12 months of on-time housing payments.

“FHA recognizes the hardships faced by these borrowers, and realizes that their credit histories may not fully reflect their true ability or propensity to repay a mortgage,” said FHA Commissioner Carol Galante, in a letter to mortgagees announcing the changes.

FHA-backed mortgages are a popular option for first-time buyers and for consumers with lower credit scores who might not otherwise qualify for a loan backed by Fannie Mae or Freddie Mac. However, the agency has recently increased the fees tied to FHA-backed loans.

 

 

Are Loan Officers (LO) legally liable for their company’s comp plan?

Section 129B(d) of TILA, as added by the Dodd-Frank Act, permits consumers to bring actions against individual mortgage loan originators for violations of certain provisions of TILA.  For example, while LO’s can be held personally liable for receiving compensation in violation of the Rule, they are not personally liable under TILA/LO Comp for failing to maintain the records of compensation required by the rule.  The LO Comp Rule, which implements the DFA’s statutory authority confirms this personal liability through its changes to Reg. Z’s definitions. Specifically, the change to § 1026.36 (a)(1)in the LO Comp Rule clarifies the definition of “loan originator” to mean either the individual LO or the company.  The following is from the CFPB’s small business compliance guide which seeks to use plain language explanations for the Rule (although it still warns you that you need to see the actual Rule for details):  “A “loan originator” is either an “individual loan originator” or a “loan originator organization.” “Individual loan originators” are natural persons, such as individuals who perform loan origination activities and work for Mortgage Brokerage firms or creditors.  “Loan originator organizations” are generally loan originators that are not natural persons, such as mortgage brokerage firms and sole proprietorships”

TILA is confusing for a lot of reasons, but one of the biggest areas of confusion in the LO Comp and Ability to Repay rules are the differing obligations imposed on “Creditors”, “Loan Originators”, and “Loan Originator Organizations”.  These definitions are critical in determining who is responsible for any obligation under TILA.  LO comp is one of the few times where the obligation extends all the way down to the individual LO, but the liability is potentially huge. I don’t know about the issue from the LO’s perspective (ask an attorney; see below) – does the borrower have a life of loan defense? As best I understand it, the life of loan defense is true as it relates to foreclosure but the remedy is not a free house, it is three years of interest and other fees (loan, attorney) – a monetary judgment. So there shouldn’t be any runs on any particular company.

Attorney Brad Hargrave (MedlinHargrave) writes, “Loan originator compensation is one area of Truth in Lending and Regulation Z wherein someone other than a creditor; namely, the loan originator, can also be held liable for a violation.  The citation in support of this proposition is found at 15 USC §1639b(d)(1) which provides, in pertinent part, that ‘for purposes of providing a cause of action for any failure by a mortgage originator, other than a creditor, to comply with any requirement under this section, and any regulation prescribed under this section, section 1640 shall be applied with respect to any such failure by substituting ‘mortgage originator’ for ‘creditor’ each place such term appears in each such subsection.’  And, §1640 is that section of TILA that imposes civil liability for various TILA violations, including those sections regarding LO Compensation.  (I have not addressed the recoupment and setoff issues in the event of foreclosure in the context of the LO, given that an LO would not be the party initiating the foreclosure; and thus, this section really isn’t applicable to an LO).”

Mr. Hargrave’s note continues, “The penalties are potentially severe. In an individual civil action brought by a consumer, the creditor who paid the violative compensation could be liable to the borrower for actual damages, plus twice the amount of any finance charge in the transaction (capped at $4,000), plus an amount equal to the sum of all finance charges and fees paid by the consumer (unless the creditor can demonstrate that the failure to comply is not material), plus reasonable attorneys’ fees and court costs if the borrower were to prevail.  The loan originator’s exposure to such a claim (per 15 USC § 1639b(d)(2))is the greater of actual damages to the consumer or three times the total amount of direct and indirect compensation paid to the LO in connection with the subject loan, plus the costs to the consumer of the action, including reasonable attorneys’ fees.  In addition, the CFPB could sue the creditor and the loan originator in Federal District Court and seek any one of a number of remedies, including restitution and/or disgorgement, and appropriate injunctive relief, as to all loans wherein the LO received unlawful compensation.  It is also possible that the matter could be referred to another agency for enforcement.”

Cash Back Offers for your Home Loan

 

With Real Estate market again getting heated, the mortgage marketing campaigns in the financial institutions may also be heating up. Just about the most common in the offers tempting consumers will be the offer to get cashback for your mortgage business. This often is accessible for new purchases and also the Refinancing of existing mortgages. 

It was only a couple of years ago once this was the hottest new offer in the industry. In today&rsquos market it appears that every other lender in the country is offering this cash return option.

An example of the standard cash return offer out there is 3% cash return whenever you subscribe to a condition of five years. Now here’s the place that the catch also comes in. Typically if you accept this offer you’re taking the amount of money back option in the place of a rate discount.

Just what exactly does this mean to consumers? Keep in mind I would recommend that you crunch the numbers when you jump at the offers available on the market. In today&rsquos market it’s not unreasonable for consumers with a good credit rating and verifiable income to command a single% discount on closed term mortgages. Some consumers are even able to get 1.05% off posted rates about the closed term of the choice.

To find out how a numbers figure out, let&rsquos check out a comparison between what you get coming from a cash return offer versus what you save having a 1% rate discount. Let&rsquos assume that you require a whole new $150,000 mortgage that you intend to amortize over two-and-a-half decades (the common). Lets also assume that the posted rate on a 5-year term is 8.35%. With the cash return provide you with will get $4,500 at the time the mortgage is advanced and as a consequence pay a rate of 8.35%. Assuming that all you do is make your minimum payment per month then in the term with the mortgage your total payments will amount to $70,710. After the phrase the main balance outstanding is going to be $138,736.90

If you successfully negotiate 7.35% with a 5-year term (with a 25-year amortization) then your total payments over the term are $64,994.40. After your term the complete principal balance outstanding is $137,158.98.

Which means not only do you think you’re making $5,715.60 less in whole payments in the term, but you need to $1,577.92 less principal balance outstanding at the end. Suddenly $4,500 money back doesn&rsquot seem so appealing?

I still believe today&rsquos real estate prices and low mortgage rates represent an excellent opportunity for owning a home. If getting 3% cash return helps to make the difference between you being able to afford your house and renting i quickly say do it now. Still, no financial decision must be made without weighing out each of the alternatives.

Remember: when the offer seems too good really was &ndash it’s always.

Foreclosure inventory sets record high

A new analysis suggests that the tide of home foreclosures isn’t going to recede soon.  The report from the Center for Responsible Lending, “Lost Ground, 2011,” finds that at least 2.7 million mortgages loaned from 2004 through 2008, or about 6%, have ended in foreclosure and that nearly 4 million more Home Loans (roughly 8%) from the same period remain at serious risk.  Put another way, “The nation is not even halfway through the foreclosure crisis,” says the report, which analyzed 27 million mortgages
made over the five years.  Across the country, low- and moderate-income neighborhoods and neighborhoods with high concentrations of minorities have been hit especially hard, the report found.  The report also noted that certain types of loans have much higher rates of completed foreclosures and serious delinquencies. They include loans originated by brokers; hybrid adjustable-rate mortgages, option ARMs, loans with prepayment penalties and loans with high Interest Rates (subprime). African Americans and Latinos were more likely to receive a high-cost mortgage with risky features, regardless of their credit. For example, among borrowers with good credit (a FICO score of over 660), African-Americans and Latinos received a high-interest-rate loan more than three times as often as white borrowers.

Delinquencies down, foreclosure inventory sets record high

The October Mortgage Monitor report released by Lender Processing Services, Inc. (LPS) shows mortgage delinquencies continue their decline, now nearly 30% off their January 2010 peak. Meanwhile,
foreclosure inventories are on the rise, reaching an all-time high at the end of October of 4.29% of all active mortgages. The average days delinquent for loans in foreclosure extended as well, setting a new record of 631 days since last payment, while the average days delinquent for loans 90 or more days past due but not yet in foreclosure decreased for the second consecutive month.  Judicial vs. non-judicial foreclosure processes remain a significant factor in the reduction of foreclosure pipelines from
state to state, with non-judicial foreclosure inventory percentages less than half that of judicial states.

This is largely a result of the fact that foreclosure sale rates in non-judicial states have been proceeding at four to five times that of judicial. Non -judicial foreclosure states made up the entirety of the top 10 states with the largest year-over-year decline in non-current loans percentages.  The October data also
showed that mortgage originations are on the rise, reaching levels not seen since mid-2010. Mortgage prepayment rates have also spiked, as much of the new origination is related to borrower Refinancing; loans originated in 2009 and later are the primary drivers of the increase. While FHA origination activity
is down, GSE and FHA originations still account for the vast majority of all new loans – nearly nine out of every 10 new mortgages.

Jobs up, looks better than it is

Job creation remained weak in the US during November, with just 120,000 new positions created, though the unemployment rate slid to 8.6%, a government report showed Friday.  The rate fell from
the previous month’s 9.0%, a move which in part reflected a drop in those looking for jobs. The participation rate dropped to 64%, from 64.2% in October, representing 315,000 fewer job-seekers.
The actual employment level increased by 278,000. The total amount of those without a job fell to 13.3 million.  The drop in participation rate is significant in that had the labor force remained steady, the jobless rate would have dropped to 8.8%, according to Citigroup calculations. If the labor force had
followed trend growth, unemployment would be at 8.9%.  “Overall, the continued modest employment gains reflect an economy that plods along at an uninspiring pace,” Kathy Bostjancic, director
of macroeconomic analysis at The Conference Board, said in a statement. “These modest job gains are still not enough to propel economic growth to a sustainable 2%-plus growth path.”  The
measure some refer to as the “real” unemployment rate, which counts discouraged workers, also took a fall to 15.6% from 16.2%,its lowest level since March 2009.

However, economists were treating the rate drops with skepticism.  “When the unemployment rate declines, we want to see both employment and participation increase as discouraged workers
return to the labor force. Today, we got the former, but not the latter, making the 0.4% drop look a bit suspect,” Neil Dutta, US economist at Bank of America Merrill Lynch, told clients. “We would not be surprised to see the unemployment rate give back some of its decline in the coming month(s).”  Average earnings were essentially flat, up two cents to $23.18 an hour. Private payrolls increased 140,000, considerably less than a report earlier this week showing that nongovernment jobs were up by more
than 200,000 for the month.  Government payrolls fell 20,000, including a 4,000 drop in federal positions.

Long-term unemployment remains a big problem: The average duration for joblessness surged to a record-high 40.9 weeks.   Stagnation in wages also continues, as more employed workers took
on second jobs. There were just under seven million multiple job-holders for the month, the highest total in 2011 and the most since May 2010.  Traders offered little reaction to the report.
Futures already had been indicating a positive open but lost some ground in the ensuing minutes after the Labor Department report hit the tape.  “At this pace of job growth, it will be more than two decades before we get back down to the pre-recession unemployment rate. Moreover, a shrinking labor force is not the way we want to see unemployment drop,” said Heidi Shierholz, economist at the Economic Policy Institute. “At this rate of growth we are looking at a long, long schlep before our sick
labor market recovers.”

Remember:
All these scary reports create opportunities for the investor no matter where you live.