Chapter 12 Default Risk, Borrower Qualification, and Loan Underwriting, and Contractual Relationships © OnCourse Learning Chapter 12 Learning Objectives Understand the important borrower and property characteristics that are the focus of borrower qualification Understand the legal relationship between the lender and the borrower and how contractual provisions give each party rights and obligations Understand how the lender controls default risk © OnCourse Learning 2 Borrower Qualifications Mortgage Credit Analysis includes 1. Determining maximum loan amount 2. Estimating settlement requirements and costs 3. Analyzing credit history 4. Calculating effective income 5. Estimating monthly housing expense 6. Assessing ability to repay mortgages and other liabilities in a timely fashion © OnCourse Learning 3 Credit Scoring Used to assess creditworthiness of the borrower The best known company providing credit scores is Fair, Isaac and Company (FICO) Uses credit, income, outstanding debt and debt utilization over the years, access to credit Numerical score from 300 – 900 Cutoff score for Fannie and Freddie for a prime mortgage – 620 © OnCourse Learning 4 Theories of Default Ability-to-Pay Theory Default when the borrower cannot make monthly payments on the loan Foreclosure after several payments are missed Equity Theory (The Put Option) Focuses on the amount of equity in the property Assumption: no borrower with substantial positive equity will default, even if unable to make monthly payment Borrower with substantial equity can sell the property in the market and payoff the loan, capturing the equity © OnCourse Learning 5 Studies of Delinquency and Default Home equity and LTV – the main characteristics influencing the default decision Other factors – Transaction costs and difficulty of estimating the default option value Shorter maturity loans and loans on new houses much less likely to default Default peaks within 3 – 5 years from origination Default also related to family size, source of income, and unemployment © OnCourse Learning 6 Characteristics of the Property Lenders require that an appraisal of the property be performed as a part of the qualification procedure Appraisal done by an independent, third-party appraiser Standardized appraisal process and form for FHA, VA and conventional loans by state licensed or certified appraiser Appraised value determined by: A function of physical characteristics (square footage, number of bedrooms, structure, age), location, financing, etc. Based on three or more comparable properties’ recent selling prices The value of the residence as a rental property © OnCourse Learning 7 Characteristics of the Borrower Type and stability of income Supplemental sources of income Other debt and living expenses Borrower qualification for conforming conventional, FHA and VA loans compare maximum ratios of housing related expenses to gross or after-tax income © OnCourse Learning 8 Borrower Qualification Credit scoring – statistical method to assess credit risk Subprime loan – made to borrowers without top grade credit Higher rates for subprime loans, not quoted publicly Easily accessible market rates on conforming loans © OnCourse Learning 9 Borrower Qualification Risk-based lending – matches the borrower to a series of risk profiles and rates the likelihood that a loan will be repaid Use of FICO scores Weights in calculating credit score: 35% payment history, 30% level of debt; 15% types of credit; 15% length of credit history; 5% number of inquiries A-F ratings based on profiling A borrower – low default rate and can obtain higher LTV ratio D borrower – poor credit and high LTV F borrower – currently in bankruptcy or foreclosure © OnCourse Learning 10 HUD/FHA Guidelines Use of payment-to-income ratios “Front end” ratio – The ratio of monthly total mortgage payment (TMP) to gross monthly income “Back end” ratio – The sum of TMP and other monthly expenses to monthly effective (regular plus supplemental) income Payment-to-income ratios exceeding 31-43% generally lead to denial of loan application © OnCourse Learning 11 HUD/FHA Guidelines Definition of housing expenses Include principal, interest, taxes and insurance (PITI) FHA adds to PITI – monthly mortgage insurance premium (MIP) and any homeowner association or condominium fees Definition of Income Gross monthly income – the gross income from all sources that can be expected to continue for the first 5 years for the mortgage Difficulty of estimating effective income for self-employed borrowers (with >= 25% ownership in a business) Lender must verify at least 2 years of income Borrower must have been self-employed for at least 2 years © OnCourse Learning 12 VA Borrower Qualification VA mortgage loan program designed to help veterans finance the purchase of homes with favorable loan terms VA employs a two-step method Residual method – minimum residual income based on PITI, less utilities and maintenance costs, less additional monthly payments, less monthly living expenses costs (food, clothing, and transportation) excess residual income = minimum residual income minus net effective income Income ratio method – used in conjunction with the residual method Housing (PITI) plus other (loan repayments, installment obligations and child support) expenses <=41% of gross income © OnCourse Learning 13 Borrower Qualifying Ratios Loan-to-Value Ratio (LTV) The higher the LTV Ratio, the higher the default risk Historic Payment-to-Income Ratios Conventional FHA/VA PITI 28% 29% PITI+other 36% 41% © OnCourse Learning 14 Mortgage Contracts Mortgage – Defines the debt and creates the lien against the property Promissory Note – Outlines the provisions of the loan Recourse vs. Non-Recourse Interest and Payment Structure Pre-Payment Default and Acceleration Due-on-Sale Clause Amount of Loan Assignment of Rents and Income © OnCourse Learning 15 Deed-of-Trust An instrument that serves as security for a note Parties to the deed: borrower (trustor), lender (beneficiary) and trustee The trusty (a third party) holds the deed of trust In case of default the trustee is in position to quickly liquidate the property © OnCourse Learning 16 Provisions of a trust deed Assignment of rents Waste Nonwaiver Security protection Successors and Assigns Substitution of Trustee Reconveyance Release Clause Owner-Occupancy Award from Eminent Domain Covenants and Restrictions © OnCourse Learning 17