Government

Government Shutdown Ends

The Government Shutdown is over.

The IRS is processing 4506-T transcripts on a first come, first serve basis.

The USDA website is back online. They are working on conditional commitments so we should see those USDA loans start to move through the pipeline.

It could be a week or more before the backlog clears out.

10-22 UPDATE USDA does not have appropriated funds. This means they are issuing comments subject to the availability of funds.

Some investors are moving forward with closing fully anticipating funds availability. Others refuse to close without it.

So the USDA is processing commitments but will not issue loan guarantees until funds are available.

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Your Mortgage File

A Drive Called Spartan

A Drive Called Spartan

I share information on this blog to create awareness around the mortgage process.  It’s mostly technical.

I feel compelled to write about another aspect of home ownership — neighbors.

The storm that hit the Black Hills of South Dakota on October 4th, 2013  caught everyone off guard, even mother nature.  Heavy fall snow fell early that night.  I slipped off to bed expecting to wake up with 10 to 14 inches.

Instead, I woke at 4 a.m. to deafening silence. Our fan was off.  No lights, no heat.  The electricity was out.

I gazed through the window at a blizzard of white snow.  Even this early, with sunlight hours away, one could see as though there were a full moon.  I felt it would be worse than predicted.

Hours later we stepped outside.

It sounded like open hunting as limbs cracked and popped under the load.   The street became a meeting area as neighbors gathered to survey the situation.

Every few minutes we’d say, “There goes another one.”

The trees, still full of leaves, had boughs bent low.  They hung ominously over roofs, cars, and power lines. It was only a matter of time before electricity ceased for over 25,000 people.

The snow grew deeper into the evening and the temperature dropped — heat became a worry. We sat in the car, my wife and two girls, warming up and charging the cell phones. We called parents and discussed options but the last thing we wanted to do was venture into the blizzard.  We concluded it was time to light some candles, gather blankets and huddle together for the evening.

That’s when our neighbor’s son, who on a visit, marched across the snow and banged on our door.

“Let’s go,” he said. “You’re staying with us tonight.  We have a natural gas fireplace and stove. We have heat.”

I am a proud, independent spirit. But this was no the time for bravery, especially with two small girls.

“Ok,” I said.

“Seriously. You need to come.”

So, we hauled our stuff through the two feet of snow to a warm house and even warmer people.  Their hospitality was storybook. They cooked us a warm meal and engaged us in conversation until we felt as though they were family.

We slept soundly and unconcerned. Let it snow.

And snow it did. Yet another foot and a half.

The following morning it stopped and the work began.  The neighborhood, half still without power, once again met in the street.

There were shovels and snowblowers, adults and children, and a whole lot of child laughter. We had over forty inches of wet, heavy snow to move.

After five hours we had cleared ten driveways. Our motivation: Broncos vs. Cowboys.

The guy on the corner owned a pizza shop that never lost power. With the roads partially clear, he slipped down and baked some pizza.

With the work done we congregated, 20 people strong, into one house where the real warmth radiated from the souls of the people who banded together in a time of need.  How proud I was at that moment to be part of a neighborhood that cared for each other, that offered what service they had for the benefit of those in need.   That was, and is, a drive called Spartan.

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How It Works, Your Mortgage File

Homeowner’s Insurance Claims

Here are some photos of a recent storm that dumped over 40 inches of snow on our communities.

lead-south-dakota, lots of snow, deep snow

Storm

This fall storm caught mother nature off guard.

The trees hadn’t dropped their leaves and the wet, heavy snow wreaked havoc. Only a few hours into the storm and it sounded like hunting season.  Popping echoed everywhere as branches collapsed under the weight.  They landed on the sidewalk, roofs, cars, and across power lines.  Over 25,000 people lost power. Some for days.

Our neighbor’s roof buckled under the weight and a failing roof truss split the sheet rock .

Another noticed a sagging, brown spot on the ceiling.  A few days later contractors punched holes there and drained three gallons of water.

Flat commercial roofs collected thousands of pounds of weight.  This structure wasn’t up to the challenge.

TMone

Only months earlier, hail stones like these punched holes in roofs and shattered glass.  They dinged siding and destroyed gutters.

hailstones

Home damage sickens us.  We’re much happier shoveling snow than working with contractors and insurance companies.  Not to mention  tangling with our mortgage servicer over insurance money.

When you have a lien on your property the lender has a vested interest in making sure your home gets repaired.

Why?

Let’s say your roof caved in and three foot of snow now rests in your kitchen. To top it off, it melts and drips through your sub-floor creating a swimming pool in your basement.

You are uninsured, owe a significant amount on the home, and don’t have savings to cover the damage.

So, you default and walk away from the home leaving the lender with a soggy, worthless piece of collateral.  A lose, lose.

Now, let’s say you are insured.  Your insurance company will foot the bill.  Better news, you’ll be getting a new kitchen!

But, the check is made out to you and your lender which disgusts you.  They need to endorse it in which case they’ll hold the money.

Contact the servicing department right away.  Ask them what steps you need to follow.  They’ll want all kinds of information like a contractor estimate, lien releases for work complete, and inspections.

Be patient with them, especially if they are responsive and good natured.  Like you, they are protecting their collateral.

Do they have a right to hold your money? 

Most mortgages have a clause that allows the lender to control these proceeds.  You are better off learning what their expectations are upfront to avoid frustrations down the road.

In any event, button up and stay warm this winter.

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How It Works, Loan Application

Government Shutdown

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Hello all,

I disappeared for a while, and it shows.  It’s October already!  Work took off and I lost sight of my blog. I’m 12 days late on this post but I thought I would share some of the issues we are seeing with the shutdown:

The IRS is working with only 9% staff. This effects the ability for us to pull tax transcripts. 

Since 2009, Fannie Mae ‘highly recommended’ that lenders pull transcripts from the IRS prior to closing a loan.

What’s a transcript? 

After you file your taxes the IRS turns your income information into an electronic record which can be requested with the borrower-signed form, 4506-T.

Why do we pull a transcript? 

When you complete a loan application, you typically give your loan originator a copy of your tax return by which she calculates your income for qualifying.  It would be possible to give them a fake, unfilled tax return with ’embellished’ income.  To prevent such fraud, we pull the IRS record and compare it with the return you provided.

It’s not required to do this, yet we know Fannie Mae will do it if they audit that loan. To avoid any issues, most lenders have adopted the policy of ordering and reviewing tax transcripts.

http://www.ctne.ws/archives/266

Several days into the shutdown our institution made a business decision to close loans without these transcripts as did a number of other investors.  There are some; however, that refuse to purchase a loan without transcripts and that’s their choice.

USDA is closed. 

The U.S. Department of Agriculture insures loans through their Rural Development program. These loans are currently suspended.

Why?

USDA issues a ‘conditional commitment’ once they receive certain pieces of information.  With no one to issue a conditional commitment, loans are unable to close.

Verification of Employment 

We’ve seen several instances were we have been unable to obtain a verification of employment for government workers. In come cases we can get around it.  There have been instances were getting this information was painfully slow and the closing was delayed.

Business as usual:

For the most part, we have been conducting business as usual with very few delays.  For those of you affected, as frustrating as it is, don’t blame your lender or financial institution.  We are as annoyed as you are with the situation. We are doing our best to work around the issues.

Photo credit: Nick Papakyriazis via photopin cc

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Quick Tips, Your Mortgage File

Quick Point #1 Co-Signer vs. Co-Borrower

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Mortgage Quick TIp

Co-signer and co-borrower are not synonymous.  There is a difference.

A co-signer is responsible for repayment of the mortgage note but otherwise has no ownership interest in the property.  While a  co-borrower is also responsible for the debt  they do have ownership interest in the property. This means they are on title to the home.

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Disclosures, How It Works, Your Mortgage File

The Right of Rescission

Three weeks ago, one of our borrowers exercised the right to rescind.

Most will never exercise this right but should be aware of the details in the event it is needed

The right of rescission applies to several different types of credit, but for our purpose today, I’m referring to closed end credit “in which the security interest is or will be retained or acquired in a consumer’s principal dwelling” (FIDC§ 226.23). In other words, the refinance of your primary residence.

What is the right or rescission?

The right to rescind allows each “consumer whose ownership interest is or will be subject to the security interest” the right to rescind or cancel the transaction. If, after signing your mortgage documents, you desire to cancel the transaction, you have until midnight of the third business day to do so.

When you sign your loan closing documents, you will receive several copies of the right to cancel. I’ve posted a copy to the right. It outlines your right and how to cancel should it be necessary.

Why would you cancel?

I’m sure there are many reasons although in my ten years I’ve witnessed it only twice.

Why?

First off, the process of refinancing can take several weeks, if not months. This leaves plenty of time to determine whether or not refinancing is the right decision. Most will cancel well before consummation of the loan.

Second, regulations require lenders to disclose early on and then obligates them to those charges –within certain tolerance. The right or rescission was intended to provide an escape when a borrower found themselves in a bait and switch – were the terms in the beginning are different than at the closing table.

What happens now that you have rescinded?

Within 20 calendar days after receipt of a notice of rescission, the creditor shall return any money or property that has been given to anyone in connection with the transaction and shall take any action necessary to reflect the termination of the security interest.

In most cases, your lender will require you to wait the three days before they fund the loan. In other words, they will not payoff your previous lender or record the mortgage. The transaction simply dissolves, no questions asked.

Below is a link to the regulation that outlines this right.

FDIC. Law, Regulations, Related Acts § 226.23 Right of rescission

<http://www.fdic.gov/regulations/laws/rules/6500-1400.html >
photo credit: thinkpanama via photopin cc

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How It Works, Your Mortgage File

A number of mortgage questions crop up during a divorce. I remember working with a married couple on the purchase of their first home. They were excited, giddy almost, about this purchase. Three months later I listened as he explained the situation. It was going to end badly and he wanted options.

Another time, a young unmarried couple moved to the area and couldn’t stand the thought of renting. What a waste of money. Nearly a year later she was on my phone, desperate to stay out of forclosure.

I’ve seen it all to often. Each time questions come up:

  • Both of us are on the loan. Can I get the loan in just my name without a refinance?
  • Why can’t I just take my spouse off the title?
  • What happens if I can’t qualify for a refinance?

Unless neither side wants it, the home is awarded to one party. In each situation, the divorce decree will outline who was awarded the home, how the equity is split, and the timeframe necessary to complete these changes.

Let’s tackle the questions.

Both of us are on the loan. Can I get the loan in just my name without a refinance?

Typically, no. The note is a contract which obligates both parties to repay the loan. A refinance is required. You must be able to qualify for the loan under your own financial strength. Once you close on the new loan, the old one will be paid off, removing your spouse from obligation.

Why can’t I just take my x-spouse off the title?

The title or deed is the document that tells us who owns the property. The loan note tells us who is obligated to the debt. The mortgage connects it all together. Make sense?

Think of it this way: Ownership vs. Obligation.

So, removing someone from title eliminates their ownership interest but does not relieve them from their obligation to repay the debt.

Typically, it’s a tradeoff: One party refinances, the other party agrees to sign a quit claim deed to remove any ownership interest.

What happens if I can’t qualify for a refinance?

This is usually the hardest question to answer. A number of things will happen if you are unable to refinance.

Note: A finalized divorce decree is required to complete a refinance transaction. This means a court approved, recorded document. Nothing short of this will work. Divorce situtaions are complex and the terms constantly change until the judge signs and stamps the document.

Run the gamut of options with your lender. There are a lot of programs out there including some tempoary solutions. Be cautious and weigh your options. Tempoary loans like adjustable rate mortgages might offer a solution but will they fit your long term goals?

Try to find a co-borrower. A parent or sibling might strengthen the loan if they are willing take the risk for you.

If you are unable to qualify for a refinance within the required timeframe, you might end up listing the home for sale. If this happens, keep your head up. There will be many good things headed your way.

Remember, good memories are the only invaluable real estate. You’ve got this!

Divorce . . Nasty Business

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