Chapter 13 SAM IRLANDER © 2009 by South-Western, Cengage Learning Florida Real Estate: Principles, Practices and License Law Chapter 13 Mortgage Market Operations © 2009 by South-Western, Cengage Learning Key Terms Closing costs Conforming loan Discount points Discount rate Disintermediation Entitlement Intermediation Loan-to-value (LTV) Mortgage bankers Mortgage brokers Mortgage company Office of Thrift Supervision Open-market operations Origination fee Primary mortgage market PMI PPM Reserve requirements Secondary mortgage market © 2009 by South-Western, Cengage Learning Federal Reserve System 12 privately owned regional Federal Reserve banks & commercial banks Reserve requirements: amount to be held on deposit © 2009 by South-Western, Cengage Learning Federal Reserve System Open market operations: buys and sells securities Discount rate: rate charged to member banks © 2009 by South-Western, Cengage Learning Federal Home Loan Bank System FHLB: governs savings associations Provider of reserve credit Office of Thrift Supervision: Charters member savings associations © 2009 by South-Western, Cengage Learning Federal Deposit Insurance Corporation Insures individual accounts up to $100,000 © 2009 by South-Western, Cengage Learning Intermediation Intermediation: Banks and savings associations receive money into saving accounts Funds are available for mortgages © 2009 by South-Western, Cengage Learning Disintermediation Disintermediation: Money is withdrawn from banks and savings associations to achieve higher yields Funds are scarce for mortgages © 2009 by South-Western, Cengage Learning Primary and Secondary Mortgage Markets Savings & loan associations Commercial banks Insurance companies Mortgage companies Mortgage brokers Mutual savings banks Municipal bonds Credit unions Pension, endowment, and trust funds © 2009 by South-Western, Cengage Learning Primary and Secondary Mortgage Markets 5 major sources Savings & loan associations Mortgage companies Mortgage brokers Commercial banks Private lenders © 2009 by South-Western, Cengage Learning Primary and Secondary Mortgage Markets Loans on residential property Funds from depositors © 2009 by South-Western, Cengage Learning Primary and Secondary Mortgage Markets Use their own funds Sell loans to investors Retain the servicing Primarily government backed mortgages Conventional loans © 2009 by South-Western, Cengage Learning Primary and Secondary Mortgage Markets Bring together borrower and lender for a fee Do not lend their own money Do not service the loans © 2009 by South-Western, Cengage Learning Primary and Secondary Mortgage Markets Lend depositor’s funds Short-term loans Higher risk & higher rates Have become a significant source for residential loans © 2009 by South-Western, Cengage Learning Primary and Secondary Mortgage Markets Make 1st or 2nd mortgage loans Seller financing Purchase money mortgage (PMM) © 2009 by South-Western, Cengage Learning Primary and Secondary Mortgage Markets Invest policyholder’s premiums Large scale projects Commercial and industrial © 2009 by South-Western, Cengage Learning Primary and Secondary Mortgage Markets Interest is tax exempt Rates are 1% - 2% below market © 2009 by South-Western, Cengage Learning Primary and Secondary Mortgage Markets Provides liquidity for the primary market FNMA GNMA FHLMC © 2009 by South-Western, Cengage Learning Primary and Secondary Mortgage Markets Investors or Government or Other lenders Figure 13.2 © 2009 by South-Western, Cengage Learning Primary and Secondary Mortgage Markets Private for profit corporation Sells bonds to buy loans Buys FHA, VA, and conventional loans © 2009 by South-Western, Cengage Learning Primary and Secondary Mortgage Markets Federal agency in HUD Guarantees payment of securities sold to the public FHA and VA loans © 2009 by South-Western, Cengage Learning The History of Loans Federal Housing Administration (FHA) Federal National Mortgage Association (FNMA – Fannie Mae) © 2009 by South-Western, Cengage Learning Primary and Secondary Mortgage Markets Private corporation Increases supply of financing by purchasing loans Conventional loans Some FHA & VA © 2009 by South-Western, Cengage Learning The History of Loans Longer term Monthly not annual payments Payments cover interest plus principal r © 2009 by South-Western, Cengage Learning The History of Loans Insures loans reducing the lenders risk FHA 203(b) FHA 234(c) © 2009 by South-Western, Cengage Learning The History of Loans Allowed lenders to recoup funds Original purpose: purchase of FHA loans Largest agency purchasing lenders loans © 2009 by South-Western, Cengage Learning Loan Discounting Selling a loan for less than face value Increases the yield (return on investment) Prepaid interest at closing 1 discount point = 1% of the loan amount Charged based on: Other investments What secondary lender will pay for the loan © 2009 by South-Western, Cengage Learning Loan Discounting Discount points are determined by supply and demand for loan funds Money supply low and demand high - points are charged Money supply high and demand is low – no or low points © 2009 by South-Western, Cengage Learning Loan-T0-Value Ratio LTV sets limits on how much can be loaned Expressed as: Loan divided by sales price Loan divided by appraised value Whichever is lower © 2009 by South-Western, Cengage Learning Conventional loans Not issued, insured or guaranteed by the government Costs paid by buyer or seller 80%, 90%, or 95% LTV © 2009 by South-Western, Cengage Learning Conventional loans Private mortgage insurance PMI: protects the lender against loss Loans greater than 80% LTV Insurance premium 1% or less at origination Less than 1% annually © 2009 by South-Western, Cengage Learning Conventional loans LTV of 80% or less = 80% Loan LTV greater than 80% up to and including 90% = 90% Loan LTV greater than 90% up to and including 95% = 95% Loan © 2009 by South-Western, Cengage Learning Conventional loans Step 1 $82,000 Sales price - 6,000 Down payment $76,000 Loan amount Step 2 $76,000 Loan amount = 92.7% $82,000 Sales price 95% LTV © 2009 by South-Western, Cengage Learning Conventional loans Step 1 $70,000 Sales price - 16,000 Down payment $54,000 Loan amount Step 2 $54,000 Loan amount = 77.1% $70,000 Sales price 80% LTV © 2009 by South-Western, Cengage Learning Conventional loans Step 1 $120,000 Sales price - 17,000 Down payment $103,000 Loan amount Step 2 $103,000 Loan amount = 85.8% $120,000 Sales price 90% LTV © 2009 by South-Western, Cengage Learning Conventional loans Step 1 Calculate the loan amount Round down to the nearest 100 Step 2 Subtract the loan amount from the sales price © 2009 by South-Western, Cengage Learning Conventional loans Step 1 $110,500 Sales price X 90% LTV $ 99,450 Round down to the nearest 100 $99,400 Loan amount Step 2 Subtract the loan amount form the sales price © 2009 by South-Western, Cengage Learning Conventional loans Step 1 $87,500 Sales price X 95% LTV $ 83,125 Round down to the nearest 100 $83,100 Loan amount Step 2 $87,500 Sales price - 83,100 Loan amount $ 4,400 Down payment © 2009 by South-Western, Cengage Learning Conventional loans 90%, 95%, and some 80% LTV Protects the lender against loss Premiums are a % of the loan © 2009 by South-Western, Cengage Learning Conventional loans Paid by either buyer or seller Seller In cash at closing Buyer In cash at closing Financed Paid part in cash and part financed © 2009 by South-Western, Cengage Learning Conventional loans Step 1 $88,500 Sales price X 90% LTV Step 2 $79,650 Round down to the next lowest 100 $79,600 Step 3 $79,600 Loan amount X 2% (for 90% LTV) $1,592 PMI premium © 2009 by South-Western, Cengage Learning Conventional loans Step 1 $60,000 Sales price X 95% LTV $57,000 Step 2 $57,000 Loan amount X 2.5 % (for 95% LTV) $1425 PMI premium © 2009 by South-Western, Cengage Learning Conventional loans Step 1 $80,000 Sales price X 90% LTV $72,000 Loan amount Step 2 $72,000 Loan amount X .0025 factor $ 180 Annual PMI Step 3 $180 Annual PMI = $15 Monthly 12 PMI © 2009 by South-Western, Cengage Learning Conventional loans Step 1 $66,900 Sales price X 95% LTV $63,555 Loan amount Step 2 round down to $63,500 Loan amount Step 3 $63,500 X .0025 Factor $ 158.75 Annual PMI Step 4 $158.75 Annual = $13.23 Mon. 12 PMI © 2009 by South-Western, Cengage Learning FHA Loans (Nonconventional) Federal Housing Administration Improve housing standards Stabilize the mortgage market Provide mortgage insurance FHA does not make loans © 2009 by South-Western, Cengage Learning FHA Loans (Nonconventional) FHA insures loans Mortgage Insurance Premiums (MIP) Loan programs: Section 203(b) - Standard Veterans Section 245 - Graduated payment loan © 2009 by South-Western, Cengage Learning FHA Loans (Nonconventional) 1- 4 Family residential Owner occupied properties © 2009 by South-Western, Cengage Learning FHA Loans (Nonconventional) Low down payment 0% on the first $25,000 5% between $25,000 $125,000 10% over $125,000 © 2009 by South-Western, Cengage Learning FHA Loans (Nonconventional) Initial payments are low and increase over a period of years Single family owner occupied 30 year maximum term Maximum loan amount © 2009 by South-Western, Cengage Learning FHA Loans (Nonconventional) % Yearly Increase Year to Reach Maximum Payment Plan I 2.5% 5 Plan II 5% 5 Plan III 7.5% 5 Plan IV 2% 10 Plan V 3% 10 © 2009 by South-Western, Cengage Learning 203 (B) Standard Loan Program Borrower defaults Lender forecloses Property is sold FHA pays the difference between proceeds and loan balance © 2009 by South-Western, Cengage Learning 203 (B) Standard Loan Program LTV 30-Year Loans 15-Year Loans Below 90% 1.50% up front plus 1.5% up front 0.5% monthly No monthly premium 1.50 up front plus 1.50% up front plus 0.5% monthly 0.25% monthly 1.5% up front plus 1.5% up front plus 0.5% monthly 0.25% monthly 90% - 95% Over 95% © 2009 by South-Western, Cengage Learning 203 (B) Standard Loan Program Includes the down payment Less than conventional loans 3% of sales price or appraised value Whichever is lower © 2009 by South-Western, Cengage Learning 203 (B) Standard Loan Program Maximum amount depends on location Sales price or appraised value plus % of closing costs LTV typically greater than 95% © 2009 by South-Western, Cengage Learning 203 (B) Standard Loan Program Rates set by lender and borrower Market conditions Paid by buyer or seller Historically lower rates © 2009 by South-Western, Cengage Learning 203 (B) Standard Loan Program 30 Years Same items as conventional loans Paid by buyer or seller Required monthly payments for taxes and insurance © 2009 by South-Western, Cengage Learning 203 (B) Standard Loan Program Time varies Usually longer than conventional Minimum property requirements (MPR’s) FHA-approved independent appraisers © 2009 by South-Western, Cengage Learning 203 (B) Standard Loan Program 2 Purposes: Established value Conditional commitment Conditional Commitment FHA will insure loan if borrower qualifies © 2009 by South-Western, Cengage Learning 203 (B) Standard Loan Program Ordered by the lender Paid in cash Sets maximum amount of loan Identifies needed repairs © 2009 by South-Western, Cengage Learning 203 (B) Standard Loan Program Good for specified period: Existing properties: 6 months Proposed construction: 12 months © 2009 by South-Western, Cengage Learning 203 (B) Standard Loan Program Contract contingent upon appraisal If sales price is less than appraised value Void contract & return earnest money Pay the difference in cash Renegotiate price Reconsideration of appraisal © 2009 by South-Western, Cengage Learning 203 (B) Standard Loan Program Cash down payment No prepayment penalty No due on sale clause Loans are assumable Originated after Dec. 15, 1989 requires qualification © 2009 by South-Western, Cengage Learning VA Loans (Nonconventional) GI Bill to provide assistance for returning WWII veterans VA guarantees loans Veteran defaults Lender forecloses Property is sold VA pays the difference between proceeds and loan balance up to a certain limit © 2009 by South-Western, Cengage Learning VA Loans (Nonconventional) Limits of VA guarantee: Up to $45,000 - 50% of loan amount $45,000 - $144,000 40% of loan amount OR $36,000 (whichever is less) $22,500 Greater than $144,000 – 25% of the loan amount Maximum of $104,250 © 2009 by South-Western, Cengage Learning VA Loans (Nonconventional) Entitlement: amount of guarantee to an eligible veteran Maximum amount: $104,250 May use all or part © 2009 by South-Western, Cengage Learning VA Loans (Nonconventional) None Lenders typically lend 4X the guarantee with no down payment 4X the guarantee = $417,000 Sales price in excess of $417,000 Requires 25% down payment © 2009 by South-Western, Cengage Learning VA Loans (Nonconventional) None required 100% LTV Historically lower rates Paid by buyer or seller Same items as conventional loans Paid by buyer or seller © 2009 by South-Western, Cengage Learning VA Loans (Nonconventional) Offsets claims under the guarantee program Down Payment Funding Fee No down payment 2.00% of loan amount 5% down payment 1.50% of loan amount 10% down payment 1.25% of loan amount © 2009 by South-Western, Cengage Learning VA Loans (Nonconventional) Fee will increases With subsequent use Military reserves Paid by buyer or seller Can be included in loan Waived for service related disability © 2009 by South-Western, Cengage Learning VA Loans (Nonconventional) Required monthly payments for taxes and insurance © 2009 by South-Western, Cengage Learning VA Loans (Nonconventional) Liable for default Remains liable upon assumption by a nonveteran Liability and entitlement may be transferred to another veteran No prepayment penalty No alienation clause May 1, 1988 © 2009 by South-Western, Cengage Learning VA Loans (Nonconventional) VA standards VA- approved appraiser Certificate of reasonable value (CRV) © 2009 by South-Western, Cengage Learning VA Loans (Nonconventional) Purpose: Determines acceptability Establishes value Identifies repairs Loan cannot be greater than appraised value © 2009 by South-Western, Cengage Learning VA Loans (Nonconventional) Fee paid in cash and in advance Good for specified periods Existing properties: 6 months Proposed construction: 12 months © 2009 by South-Western, Cengage Learning VA Loans (Nonconventional) Contract contingent upon appraisal If sales price is less than appraised value Void contact & return earnest money Pay the difference in cash Renegotiate price Reconsideration of appraisal © 2009 by South-Western, Cengage Learning VA Loans (Nonconventional) 1 – 4 family owner occupied properties No Investors 100% LTV Loans cannot exceed appraised value No maximum loan amount Loans 4X entitlement © 2009 by South-Western, Cengage Learning Assumption Methods Down payment equal to Seller’s equity Buyer takes over seller’s loan Two Methods Assume and agree to pay Subject to the existing loan © 2009 by South-Western, Cengage Learning Assumption Methods Most common Buyer becomes liable for loan Seller may obtain a judgment for any deficiency © 2009 by South-Western, Cengage Learning Assumption Methods Buyer does not become liable for the loan Inform Seller: Buyer is not liable Seek legal advise © 2009 by South-Western, Cengage Learning Assumption Methods Alienation Clause may: Require loan be paid in full upon transfer Allow rate increase Require qualification of buyer © 2009 by South-Western, Cengage Learning Assumption Methods Buyer’s cash to close at contract $100,000 Sales price - $80,000 Loan balance $ 20,000 Cash required Buyer’s cash to close at closing $100,000 Sales Price $79,000 Loan balance $21,000 Cash required © 2009 by South-Western, Cengage Learning Assumption Methods Price to control: the selling price is set and will control the cash to be paid by buyer Cash to control: a fixed amount to be paid by the buyer. Sales price is not set until closing Second Mortgage: seller financing © 2009 by South-Western, Cengage Learning Assumption Methods Is loan assumable? LTV? More likely assumption conditions: Seller will finance Mortgage money unavailable Buyer cannot get a new loan Property's value has decreased Difference in interest rate © 2009 by South-Western, Cengage Learning Assumption Methods Faster and less expensive Lender requirements: Loan transfer fee Warranty deed Insurance Escrow account © 2009 by South-Western, Cengage Learning Assumption Methods Seller advantages: Lower closing costs Possible release of liability VA Loan: possible transfer of eligibility © 2009 by South-Western, Cengage Learning Assumption Methods Buyer advantages Possible lower interest rate Lower closing costs Less time to close Less liability possible © 2009 by South-Western, Cengage Learning Assumption Methods Buyer disadvantages: Larger down payment Inability to offer future assumption due to increased equity Seller disadvantages Unless released, remains liable Default may result in lawsuit New loan application © 2009 by South-Western, Cengage Learning Qualifying the buyer Evaluates: Property value Buyer’s ability to make: Down payment Repay loan Guidelines: Freddie Mac FHA VA © 2009 by South-Western, Cengage Learning Qualifying the buyer Conforming loan: approved under FNMA/FHLMC guidelines Four factors: Income Net worth and assets Credit history Documentation © 2009 by South-Western, Cengage Learning Qualifying the buyer Borrower's income Determines ability to pay Income: base monthly plus other sources Employment record © 2009 by South-Western, Cengage Learning Qualifying the buyer Borrower's income Ratios: Mortgage payment to monthly income (28%) $560 mortgage pymt. $2,000 monthly income © 2009 by South-Western, Cengage Learning = 28% Qualifying the buyer Borrower's income Ratios: Mortgage payment to total installment debt (36%) $720 total debt $2,000 monthly income © 2009 by South-Western, Cengage Learning = 36% Qualifying the buyer Net Worth and Assets Down payment and reserves Net worth: difference between assists and liabilities Liquid assets equal to 2 months of mortgage payments © 2009 by South-Western, Cengage Learning Qualifying the buyer Income ratios Increased form 29/31 to 31/43 31% - new housing expense to monthly income 43% - total monthly debt to monthly income © 2009 by South-Western, Cengage Learning Qualifying the buyer Down Payment Sales price minus loan amount Minimum cash investment of 3% © 2009 by South-Western, Cengage Learning Qualifying the buyer Underwriting Different guidelines Eligibility War time: 90 days active duty Peacetime: 181 days prior to 9/8/1980 2 years after 9/7/1980 © 2009 by South-Western, Cengage Learning Qualifying the buyer Must list all debt on application Credit report © 2009 by South-Western, Cengage Learning Qualifying the buyer Regular: VOE: employment verification VOD: verification of deposits Credit report © 2009 by South-Western, Cengage Learning . Qualifying the buyer Alternative: 2 pay stubs and W-2 tax form 3 bank statements Credit report © 2009 by South-Western, Cengage Learning Qualifying the buyer Establish value Sales price or appraised value whichever is less © 2009 by South-Western, Cengage Learning Qualifying the buyer Determined by: Available cash Monthly payment © 2009 by South-Western, Cengage Learning Qualifying the buyer Maximum conventional loan with $10,000 down payment 95% LTV - $190,000 loan 90% LTV - $90,000 loan 80% LTV - $40,000 © 2009 by South-Western, Cengage Learning Loan Charges Closing costs: loan charges Variable costs Lender’s title insurance Origination fees © 2009 by South-Western, Cengage Learning Loan Charges Fixed costs Appraisal Attorney fees Credit report Survey Recording fees Pictures Amortization schedule © 2009 by South-Western, Cengage Learning Loan Charges Title Insurance Protects against loss Required by lender not by law Buyer’s title Fees Origination fee Fees for processing the loan % of loan amount © 2009 by South-Western, Cengage Learning Loan Charges Appraisal fee Determines property value for lender Attorney fees Legal services Credit report fee Evaluates credit risk © 2009 by South-Western, Cengage Learning Loan Charges Survey Required by some lenders Recording fee Charged by county Pictures Required by some lenders Amortization schedule Payment schedule © 2009 by South-Western, Cengage Learning Loan Charges FHA & VA Paid by buyer or seller VA funding fee © 2009 by South-Western, Cengage Learning Loan Charges Loan application Loan analysis Approval and processing Closing FIGURE 13.4 © 2009 by South-Western, Cengage Learning Servicing