home equity loan? How
Home equity brochure Office of Consumer Credit Commissioner Home Equity Loans in Texas: Frequently Asked Questions Printer-friendly PDF version What is a home equity loan? How much can I borrow? Why can't I borrow against more than 80% of the home's value? How are home equity loan interest rates determined? What other costs are involved? What if I feel a lender has overcharged me on closing costs? Are there different kinds of home equity loans? Can I set up a line of credit with my home equity? How can I use the money? What if I change my mind? How many home equity loans can I have? Why do I have to wait a year to refinance a home equity loan? Could a lender foreclose on my home if I'm late paying on a car loan or a credit card? What else should I know? What are some other helpful resources? Top of Page What is a home equity loan? A home equity loan is a financial product that allows a borrower to use the market value of a home as collateral for a loan. Loans secured by real estate generally are considered safer by lenders, resulting in lower interest rates than for other types of loans. Equity is easily calculated by subtracting the amount owed on the home from the current market value. For example, if a house with a market value of $100,000 has an outstanding mortgage of $30,000, the homeowner has equity of $70,000. If there were no mortgage or other type of lien on the house, the homeowner would have $100,000 in equity. Top of Page How much can I borrow? Through home equity loans, Texans can borrow money using up to 80% of the value of their homes as collateral. Consider the example of a home valued at $100,000 with an outstanding mortgage debt of $30,000 and $70,000 worth of equity. Because homeowners are limited to borrowing no more than 80% of the home's value, the homeowner would simply calculate 80% of $100,000 ($80,000) and then subtract $30,000 to arrive at a maximum loan amount of $50,000. Total mortgage debt, including the amount of any existing mortgages plus the projected home equity lien, cannot exceed 80% of the home's current fair market value. Homeowners with 20% or less equity in their homes are not eligible for home equity loans. Top of Page Why can't I borrow against more than 80% of the home's value? Texans voted to limit the loan amount to 80% to help prevent overextensions of credit and protect our economy during times of economic slowdown. Top of Page How are home equity loan interest rates determined? Market competition and conditions determine the rates in general; the borrower's own credit history will further affect the rate offered. Home equity loans usually have lower interest rates than do other types of consumer loans, such as loans secured by personal property or loans secured simply by a borrower's signature (unsecured loans). First mortgages (the primary loan on a house) generally have the lowest interest rates. As with any financial arrangement, you should shop around to find the best deal. In the Consumer Assistance section of our Web site are links to some handy online calculators that will help you compare loan programs. Top of Page What other costs are involved? Lenders can charge certain fees, usually called closing costs, in addition to interest. On a home equity loan, closing costs cannot exceed three percent (3%) of the principal amount borrowed. Prepaid interest, also known as points, is not subject to the 3% cap. Top of Page What if I feel a lender has overcharged me on closing costs? As a savvy consumer, you should always carefully examine a loan agreement before signing it. Have the lender thoroughly explain the contract's fee structure; you'll discover that any points you've purchased are not considered part of the fee amount subject to the three percent limitation. If a lender has overcharged you, you must give the lender a chance to correct the mistake (called curing the loan) before you can take legal action against them. You need to send a written request to the lender specifying the error so that the lender can issue a corrected loan agreement and refund any amounts due. For more information on this process, contact our Consumer Helpline at 800.538.1579 or send your questions to us via e-mail . Top of Page Are there different kinds of home equity loans? No, but a home equity loan can hold either first lien or junior lien (often called second) position. If you own your home outright and take out a home equity loan, it will be considered a first mortgage because it is first in line to receive payment if the home is sold or a borrower defaults. If you refinance an existing first mortgage, and pledge some of your equity to receive cash in hand, you will still have just one-but larger-first mortgage. In this loan, generally called a cash out re-fi, the dollar difference between the original mortgage and the refinanced mortgage is the home equity loan amount. A secondary mortgage is a loan secured by a house that already has at least one other mortgage or lien. Taking out a home equity loan in addition to a first mortgage places a second lien against the home. The law prohibits a homeowner from having more than one home equity loan at a time, although a homeowner may have secondary liens from other sources, such as a home improvement loan or a tax lien. Top of Page Can I set up a line of credit with my home equity? As of September 2003, Texans can establish lines of credit using up to 50% of the value of their homes as collateral (as opposed to the 80% allowed on standard loans). Top of Page How can I use the money? However you choose. There are no legal restrictions regarding how you use your loan proceeds. Top of Page What if I change my mind? The law requires a 12-day waiting period from the time an application is taken AND a legally mandated written consumer rights notice is given to the borrower. For example, if a potential borrower submits an application on Monday, but doesn't receive a copy of the consumer rights notice until Wednesday, then the 12-day countdown would begin on Wednesday. The 12-day period is measured in calendar days (rather than business days) per the Home Equity Commentary issued by this office. Once the waiting period has passed, the loan can be closed. Further, the homeowner or homeowner's spouse may still cancel the loan agreement without penalty within three days after closing. Top of Page How many home equity loans can I have? A borrower may have only one equity loan at a time. Furthermore, it cannot be refinanced more frequently than once a year. Because of this limitation, it is crucial to shop for the best terms among lenders. It is also important, as in any credit transaction, to compare the total costs of a home equity loan to other types of credit available to the consumer. For example, a borrower might not face a prepayment penalty for early payoff of a home equity loan. However, if the loan is paid off early, a home equity loan could end up being more expensive than an unsecured loan with a higher interest rate if you paid closing costs and points. To better determine the best solution to your situation, see the financial calculators in the Consumer Assistance section of our Web site for help crunching the numbers. Top of Page Why do I have to wait a year to refinance a home equity loan? Texas voters placed this provision in the Texas Constitution as a consumer protection. Because closing costs and points are collected each time a mortgage loan is closed, generally it's not a good idea to refinance often. Top of Page Could a lender foreclose on my home if I'm late paying on a car loan or a credit card? On a standard car loan, the car itself is the collateral, and Texas law prohibits using a person's homestead as additional collateral on the same loan. However, if a homeowner decides to take out a home equity loan to pay off credit card debts or buy a car, the home is then collateral for the home equity loan and can be foreclosed on if the homeowner does not make payments on time. Top of Page What else should I know? It's always a sound practice to shop around for a loan, but don't fill out any applications until you've picked the company you definitely want to work with. Filling out too many applications may unduly harm your credit report. Before you sign on the dotted line, find out what kind of experience other consumers have had with your potential lenders. Check out lenders with the Better Business Bureau . The Office of Consumer Credit Commissioner regulates certain home equity lenders and offers a Consumer Helpline for credit-related questions at 800.538.1579. We can let you know about consumer complaints we have on file. To get more information about home equity issues or to request lender complaint files, visit our Consumer Assistance page. Other Helpful Resources Texas Office of the Attorney General Consumer Protection Hotline: 800.252.8011 Federal Trade Commission Consumer Response Center: 877.382.4357 U.S. Dept. of Housing & Urban Development Main number: 202.708.1112 State of Texas / TRAIL (Texas Records and Information Locator) Texas Finance Commission / Department of Information Resources Sunset Advisory Commission / Privacy Policy Open Records Requests En Español
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British Expat: Expat World: Moving to Spain: Buying Property in Spain - the Rights Group glossary British Expat Magazine | British Expat Forum | British Expat Country Forum | British Expat Classifieds | British Expat Mail | British Expat Shop British Expat Tax Havens Banking Anonymous ATM Cards BVI IBC Panama Company Gibraltar Company News, humour and information for Brits worldwide! Sitesearch powered by Web British Expat BE HOME PAGE EXPAT WORLD Resources Bulgaria France Germany Ireland Malta Poland Spain Moving to Spain English Lessons Features Switzerland Bahrain Cambodia China India Indonesia Israel & Occupied Territories Korea Malaysia Singapore Thailand Turkey Australia Fiji New Zealand Samoa Canada Costa Rica Mexico USA Botswana Ethiopia Ghana Malawi South Africa Tanzania Tunisia Uganda ABOUT BE Spain > Moving to Spain > Buying Property in Spain - the Rights Group glossary Buying Property in Spain - The Rights Group's Glossary of Property terms by Mark FR Wilkins Our colleagues at Overseas Property Professional have reported that Britons have spent £12 billion on second homes over the last two years, based on new statistics from the UK Office for National Statistics. Apparently, Britons are spending £6 billion a year on the purchase of second homes a staggering £4 billion more than two years ago. We at The Rights Group felt it would be useful to put together a glossary of terms that we use every day but which may be a little alien to would-be property purchasers in Spain. We are constantly striving to increase the level of information available to Northern Europeans who may be attracted to the idea of buying in Spain but who may equally be daunted by the press in recent months, which has portrayed our market as a den of thieves. It's not, particularly if you approach it with your eyes wide open seeking advice and assistance early in your quest for your dream property and making certain that the professional advice you receive is wholly independent. We see this as a "living" glossary, so if you come across words and phrases that could usefully be added please let me know at mark@therightsgroup.com . We hope you'll find it useful. Abogado Lawyer Adosado - Semi-detached or town house Aire acondicionado Air conditioning Agua Water Agua potable Drinking water Albañil - Bricklayer Alfombra - Carpet Amortización - Depreciation, Redemption Antigüedad(es) / Tienda de Antique/Antique shop Aparcamiento - Parking Arquitecto - Architect Armario Cupboard, wardrobe Asesoría Económica Accountant, Financial adviser Balcón Balcony Banco/cuenta de/tarjeta de - Bank/bank account/bank card Baño Bath/WC Barbacoa Barbecue Basura - Rubbish bins and rubbish taxes Bombilla Light bulb Buzón - Mailbox Caja de Ahorros - Savings bank Calefacción central Central heating Campo - Countryside Cargas Land charges registered against the property Carpintero Joiner Casa unifamiliar - Detached house Casita - Cottage Certificado registral - Certificate showing debts attaching to a property Chalet Villa Cocina Kitchen Comedor Dining room Comunidad de propietarios Committee of property owners Constructor - Builder Construido - Built area, of property Construir - Build Contable Accountant Contrato de Compraventa Privado - Property sales contract Costa del Sol Sun Coast Costa de la Luz Coast of Light Costa Blanca White Coast Corriente - Electricity Cortijo - A country property inland with farming roots Cuarto de Baño - Bathroom Cuenta de Banco - Bank account Documento privado - Private document Documento público - Public document Dormitorio - Bedroom Ducha Shower Duplex Apartment over two floors Ebanista Joiner Edificio Building Electricista Electrician Escayolista - Plasterer Escritura - Deeds of ownership Escritura pública de compraventa - Title Deeds Euribor Variable interest rate set by European banks Fontanero - Plumber Finca Farm house or small estate Fin de Obra Formal Completion of Works on a new property Fuente - Fountain Garaje - Garage Gas Butano Butane gas, often used for cooking and water heating Gestoría Specialists used to obtain official authorisations, permits and licences Habitación A Room Hipoteca - Mortgage IBI: Impuesto sobre Bienes Inmuebles - Property tax levied yearly Impuesto extraordinario sobre el patrimonio - Wealth Tax - extraordinary tax on assets Impuesto sobre el Incremento del Valor de los Terrenos - Tax on the increase of land value Impuesto sobre el patrimonio - Capital gains tax Incremento de patrimonio A Capital gain Inmobiliaria/agente - Estate agent Inversión en terreno - Land investment ITP Impuesto sobre Transmisiones Patrionales - Property Transfer Tax of 7% levied on all re-sale property IVA VAT Jardn - Garden Ladrillo Brick Libre de cargas Debt free Libro del edificio - Documents from the promoter when building is finished Licencia de obra - Building permission Licencia de prima ocupación Licence to occupy a completed property Limpiadora Cleaner Luz - Electricity Madera Wood Mármol - Marble Martillo - Hammer Metros cuadrados Square metres units floor area is measured in N.I.E. - Identity Number for Foreigners required for a property purchase Notario - Notary records the legal details of property and land sales Nota Simple - Certificate from Property Registry Obra nueva - Document certifying a new building Oferta vinculante - Bank document specifying mortgage conditions Ordenador Computer Pago en efectivo - Cash payment Parcela - Lot or plot Pestillo Door lock Pintor - Painter Piscina - Swimming pool Piso - Apartment Playa - Beach Plusvalía - Municipal Capital gains tax on the sale of property Poder Power of Attorney Pozo - Well Préstamo Loan Préstamo con techo Loan with variable interest with fixed minimum and maximum Préstamo hipotecario - Mortgage loan Pueblo - Town or village Puerta - Door Registro de la Propiedad - Register of Property Ownership Representante fiscal Foreigner's official tax representative Resale Property A second hand property, already registered at the property register in Spain. Residencia - Residency permit Residente - Resident Sala, salón - Lounge Se vende or en venta - For sale Se alquila For Rent Sevillana - Electricity company Seguro de amortización de préstamos - Loan repayment insurance Seguro Multirriesgo Hogar - House insurance Señal Deposit or down payment Solar - Lot for building Sótano Basement Subasta - Auction Tarjeta de Banco - Bank card Tasación - Independent valuation of property Tasa de cambio Exchange rate Tasadores Official Bank Valuers Techo - Roof Teja - Roof tile Terraza - Terrace Terreno - Land, plot of land Terreno en venta - Land for sale Terreno para construir - Building land on the Costa del Sol Tipo de interés - Rate of interest Título de propiedad - Deeds stating the ownership of property, date of sale etc. Trastero - Storeroom Valor Catastral - Assessed value of property for tax purposes Vidriero Glazier Yesero - Plasterer Yeso Plaster Compilation © Mark F R Wilkins 2005 (Marbella) Mark F R Wilkins The Rights Group SL email: mark(AT)therightsgroup.com website: www.therightsgroup.com tel.: +34 600 343 917 +34 952 930 435 Other links in this section Buying Property in Spain - the pitfalls! Why are property prices going through the roof? Relocation, Relocation, Relocation - Deciding to Move Buying Habits and New Hot Spots What made me up sticks? Relocation, Relocation, Relocation - Arriving in Spain Relocation, Relocation, Relocation - Checklist for a move to Spain Relocation, Relocation, Relocation - Sun, Sea and Risk The Rights Group Guide - How to Avoid... 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