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FCIC: HUD Home Buying Guide Return to Federal Citizen Information Center Home Page Printer-friendly page -- U.S. Department of Housing and Urban Development THE HUD HOME BUYING GUIDE www.hud.gov espanol.hud.gov YOUR DREAM HOME COULD BE A HUD HOME. OWNING A HOME OF YOUR OWN. Almost everybody has a dream home. A place they like to wander through in their thoughts, choosing imaginary wallpaper and putting in imaginary skylights. But for too many people, dream homes remain just thatdreams. The reality of owning their own home never seems to become theirs. Thats where the United States Department of Housing and Urban Development (HUD) comes into the picture. HUD is a government agency created to help make the American dream of homeownership a real possibility for everyone. Since 1934, HUDs Federal Housing Administration (FHA) has helped millions of Americans unlock the door to homeownership and have a home of their own. We do it by making homebuying easier and more affordable. One way we can do this is by selling homes HUD owns in many communities throughout the U.S., at attractive prices and economical terms. So that home youve been dreaming about just may be one you buy from HUD. But whether you decide on a HUD Home or not, you can use this guide to take you step by step through each stage of finding and buying your own home. HOW MUCH HOME CAN YOU AFFORD? Before you start shopping for a home, you need to know what kind of home to shop for. To determine that, of course, youve got to figure out how much you can afford to pay each month. Fortunately, theres a pretty simple formula for coming up with this number. Its the FHA formula that many mortgage lenders use. The FHA has found that most people can afford to budget 29 percent of their gross monthly income to housing expenses, depending on total debt. Buyers with no debt can budget as much as 41 percent of monthly income to housing. No need to reach for your calculatorweve done the math for you. The two charts on the opposite page should tell you everything you need to know. The first chart tells you how much 29 percent of your monthly income is. Find your annual income, or a figure close to it, in the column at the left. Then read across to find out howmuch yourmonthly gross income is, and finally,what 29 percent of that figureamounts to. This is approximately how much you can spend on total housing costs each month. The second chart tells you how much your monthly mortgage might be based on a homes selling price. Remember to keep in mind that the monthly figure from this second chart is based on a 30-year fixed mortgage and includes monthly principal and interest payments only. Taxes and insurance which vary from community to community are not included. So if 29 percent of your gross income is, say, $604, that doesnt mean you can pay a $604-per-month mortgage. You need to look at a mortgage somewhat below that, to leave room for taxes and insurance. Be sure to ask your lender to help you estimate how much your total costs will be. Annual Gross Income Monthly Gross Income 29% of Gross Income $15,000 $1,250 $363 20,000 1,667 483 25,000 2,083 604 30,000 2,500 725 35,000 2,917 846 40,000 3,333 967 45,000 3,750 1,088 50,000 4,167 1,208 MORTGAGE PAYMENT CALCULATOR. Monthly principal, interest payments for 30-year, fixed rate mortgage.Monthly taxes, insurance not included. COST 6% 6.5% 7% 7.5% 8% 8.5% 9% 9.5% 10% $25,000 $ 150 158 166 175 183 192 201 210 219 $30,000 $ 180 190 200 210 220 231 241 252 263 $40,000 $ 240 253 266 280 293 308 322 336 351 $50,000 $ 300 316 333 350 367 384 402 420 439 $60,000 $ 360 379 399 420 440 461 483 505 527 $70,000 $ 420 442 466 489 514 538 563 589 614 $80,000 $ 480 506 532 559 587 615 644 673 702 $90,000 $ 540 569 599 629 660 692 724 757 790 $100,000 $ 600 632 665 699 734 769 805 841 878 $110,000 $ 660 695 732 769 807 846 885 925 965 $120,000 $ 719 758 798 839 880 923 966 1,009 1,053 $130,000 $ 780 822 865 909 954 1,000 1,046 1,093 1,141 $140,000 $ 839 885 931 979 1,027 1,076 1,126 1,177 1,229 $150,000 $ 899 948 998 1,049 1,101 1,153 1,207 1,261 1,316 $160,000 $ 959 1,011 1,064 1,119 1,174 1,230 1,287 1,345 1,404 $170,000 $1,019 1,075 1,131 1,189 1,247 1,307 1,368 1,429 1,492 IT'S TIME TO STOP TALKING ABOUT IT AND BEGIN DOING SOMETHING ABOUT IT. HELP IS AVAILABLE. You will have lots of questions and countless issues to consider when you buy a home. You'll need someone that can help you through the process.Agood real estate agent is a good place to start. The quality of local schools, neighborhood safety, the number of children in the area, and traffic patterns are just a few of the issues to be considered in shopping for the right home. A real estate professional can be helpful in guiding you to the right source for facts and useful information. And all the financial details that can seem so mind-boggling to first-time home buyers are something the agent deals with every day. He or she will help you figure the price range you can afford, explain the different types of mortgages, guide you through the paperwork, and be there to answer last-minute questions when you sign the final papers at closing. If you're buying a HUD Home, you're required to use a real estate agent. While purchasing a HUD Home may be easier than many private real estate transactions, there are still some requirements which must be metcertain forms that must be used, and procedures that must be followed. But these requirements are clearly stated in advance, and the real estate agent will be there to help you through it all. There are no negotiations between buyer and seller when you buy a HUD Home. This can be a real advantage. There's no haggling about priceeverything is spelled out in black and white. What's more, your offer is responded to promptly, and if it's accepted, closing on the home usually will occur within 30-60 days. Finding a HUD-approved selling broker is not difficult, especially since so many real estate brokers are happy to sell HUD Homes. All you need to do is to call a few brokers who work in the area you're interested in and you'll find someone willing and experienced. Some brokers specifically advertise their desire to sell HUD Homes in the real estate sections of newspapers. Best of all, the valuable help you'll receive from the real estate agent is usually free! In most instances, agents get their sales commission from the home seller, not you, the buyer. Even if you're buying a HUD Home, HUD will pay the broker's commission. THERE'S A HUD HOME WITH YOUR NAME ON IT. Out of all the homes for sale in your area, there is likely to be one that has everything you want. The trick is simply to find it. Of course, your real estate agent can be a big help. But even the agent will need to know what your priorities are. Is a short commute important to you? Or are schools your biggest concern? How many bedrooms do you think you need? Before you begin looking at homes, try to decide in advance exactly what you want. This can save you and the agent a lot of time. It's a good idea to actually write down your wishes, and share the list with your agent. This is helpful because he or she will usually have lists of the properties for sale in your area, including all the HUD Homes. HUD Homes are listed in the local multiple listing service (MLS) and on the internet at www.hud.gov. A broker should have all the information you need. Almost any home you look atwill have room for improvement. But the more that needs to be done to a home, the less you're going to have to pay for it.HUDHomes, because they're sold in as-is condition, can often be a great, affordable opportunity for the fixer-upper. Many are in fine neighborhoods and offer outstanding values. And while some HUD Homes do qualify as handyman specials, many are in very good condition. HUD does not warrant the condition of its properties, butwill give you the information it has about the condition of the property you're interested in. You can use this information in formulating your bid. There's even a HUD loan program available called the 203(K), where buyers can borrow money to make repairs on some properties. You repay these funds later, as part of your mortgage. Just be aware that 203(K) funds aren't available for all houses in all areas. Ask the real estate agent you're working with about 203(K) availability in your area. BEGINNING TO MAKE IT YOUR OWN. Once you've found the home of your dreams, it's time to make an offer to buy it. Before deciding how much to offer, HUD urges you to get a professional home inspection. It can also be helpful to find out how long the home has been on the marketif it's been for sale awhile, the seller may be more willing to bargain. After you and the agent have prepared your offer, he or she will present it to the seller. It may be accepted or rejected, or the seller may counter your offer by asking for a higher price or by making changes in the sales contract. Making an offer to buy a HUD Home is often much easier than the process of buying a homeon the private market.Your bidwill be submitted electronically through a computer, a touchtone telephone or by real estate broker. The person making the highest acceptable bid is generally awarded that HUD Home. Offers for HUD Homes can only be made through a licensed real estate broker. This way, HUD requirements are met and buyers get the help they need. HUD will pay real estate commissions if the commission amount is requested as part of the bid. The initial listing price of each property is HUD's estimate of current fair market value and is based upon an appraisal conducted by an independent real estate appraiser. HUD may accept an offer that is less than the listing price, depending on market conditions and the length of time the property has been on the market. In some instances, buyers will offer more than the listing price if they believe the market conditions demand it or if the home is particularly appealing. It is important for buyers to be aware of the property values established by HUD and submit offers knowingly. You will generally make your offer for a HUD Home during a designated Listing Period. With the commencement of the Initial Listing Period, bids may be submitted by all potential purchasers. However, priority will be given to owner-occupant purchasers for the first 10 calendar days as follows: All owner-occupant offers received during the first five days of this10 day period will be considered to have been received simultaneously. On the first business day following the expiration of the five day period, owner-occupant bids are reviewed, at which point the highest acceptable net owner-occupant will be accepted. Should there be no acceptable owner-occupant bids, owner-occupant bids will be reviewed on a daily basis for the remaining five days. At each such daily review, HUD will accept the highest acceptable net owner-occupant bid. At the conclusion of the 10-day owner-occupant priority period, should the property remain unsold, a review of all general public bids (e.g. investor) received during the 10 day period will be conducted. Earnest money. When you make an offer on a home, the seller will usually require an earnest money deposit as proof that your offer is serious. If the offer is accepted, your earnest money deposit will become part of your down payment or closing costs. If your offer is rejected, the broker will return your earnest money to you. YOU'RE ALMOST HOME. DIFFERENT LOANS FOR DIFFERENT HOME BUYERS. Just as there is more than one kind of home, there is more than one way to finance it. Mortgage lenders have come up with many different methods of helping you pay for a home each one with its own advantages and disadvantages. First of all, you should know that HUD itself does not provide financing. You obtain financing through a bank or mortgage lender. Since many HUD Homes are eligible for FHA-insured mortgage loans, this can make financing easier to obtain. However, you are not required to get an FHA loan to buy a HUD Home. Fixed-Rate Mortgage. With a fixed-rate mortgage, your interest rate stays the same for the term of the mortgage, which is usually 30 years. Your principal and interest payment remains stable, making it easier to plan a monthly budget. However, initial interest rates tend to be higher than with other types of loans. Adjustable-Rate Mortgage. With an ARM, your interest rate and monthly payments start out lower than with a fixed-rate, but your rate and payments can change either up or down, depending on where interest rates in general are going. (If they're going up, your monthly payments will probably go up as well, sometimes significantly.) FHA-Insured Mortgage. In this type of loan, the Federal Government insures the lender against loss in case the home buyer defaults on the loan. This program was set up so that Americans who can't afford the 10 percent to 20 percent down payment required by most lenders can still buy a home. Many HUD Homes can be bought with FHA-insured mortgages, which allow you to purchase the home with a low down payment. You do not have to be a first-time buyer in order to qualify for an FHA loan. VA Loan.Under this program, the Department of Veterans Affairs guarantees the lender against loss. HUD Homes may be purchased with a VA loan or any other loan. Assumable or Non-Assumable. You may find a home with a mortgage loan you can assume from the previous owner. This means that the lender is willing to transfer the old loan on the home to you. These loans can be wonderful bargains, and the paperwork is usually not very complicated. Before you decide which loan is right for you, talk to your loan officer. You'll get information that will help you figure out which option best suits your needs. HUD BRINGS UP-FRONT COSTS DOWN. The costs of buying a home are more than just the price you agree to pay for it. Before you move in, you'll have to pay various charges, which we explain below. The good news is, with HUD Homes these costs may be lower than they are with other homes. DOWN PAYMENT. Most people know that a down payment is a percentage of the price of the home that must be paid up front, in cash. The typical downpayment is three percent and family members may give a gift to make up the balance of the downpayment. CLOSING COSTS. This term covers various fees your lender charges for providing your loan, and other expenses. Closing costs typically add up to about 3 percent or 4 percent of the price of your home, depending on where you purchase it. But when you buy a HUD Home, these costs may be picked up by HUD if this incentive is offered by HUD and if they are specifically requested, by dollar amount, in the bid offering. If you buy a HUD Home, HUD may pay many of your usual and customary closing expenses plus real estate sales commissions. Just remember that closing costs and sales commissions are deducted from the bid amount in making the decision as to which offer brings the greatest return to HUD. Since bidding is competitive, you may, in order to offer a more competitive bid, pay your own closing costs. This makes HUD's net return greater, making your bid more favorable and increasing the likelihood that HUD will accept your offer. COMMISSIONS. These are paid to the broker by the seller, and usually amount to 6% or 7% of the cost of the house.When you buy aHUDHome, the selling agent's commissions are usually paid by HUD. CHECKING IT OUT BEFORE YOU CHECK IN. Before you buy anything, you'll want to know exactly what it is you're getting. With something as important as your home, you can't know too much. That's why it's a good idea to get a professional inspection of your home even before you make the offer. HUD strongly urges every home buyer to get a professional inspection, whether you're buying a HUD Home or not. HUD Homes are sold in as-is condition. That means you agree, if you buy the home, to accept it in its present condition. HUD does not pay for the correction of defects in existing homes that it sells or on homes purchased with FHA-insured mortgages. The owner of the home will be responsible for needed repairs. Therefore, be sure of the condition of the home before you submit your offer. THE FINISH LINE. The day you finally close on your new home will probably be one of the most exciting in your life. Finally, the long, tedious process of finding a home and getting a loan is over, and by the time the day is done, you'll be the proud and happy owner of your new home. Before that day ends, you will be asked to sign a seemingly endless number of forms, but the closing agent will go over each one with you. It's all necessary, but you can make it a little easier by asking the real estate agent about it before the big day comes. Also, when you apply for your loan, your lender is required to give you a booklet explaining closing costs, an estimate of how much cash you'll have to supply at the closing, and a list of all the documents you'll need. If you have any questions, perhaps they are answered in the Q and A section that follows. If not, why not go straight to the phone right now, and call a real estate agent and ask about HUD Homes? It's a small, first step. But the journey could eventually end at the door to a home you call your own. Good luck and have fun! QUESTIONS AND ANSWERS ABOUT HUD HOMES. What is a HUD Home? A HUD Home may be a single-family house, a townhome, condominium or other type of residence. The properties were deeded to HUD/FHA by mortgage companies who had foreclosed on FHA-insured mortgage loans. Now HUD must sell these homesas quickly as possible at market valuein order to obtain the maximum financial return on its mortgage insurance funds. Who can buy a HUD Home? Anyone who has the money or can qualify for the necessary amount of mortgage financing can purchase a HUD Home. You do not have to be low-income or meet any other such limitations. Can I get a HUD Home for free, or for one dollar? No. HUD acquires its properties through the foreclosure of FHA insured mortgages. One of HUD's many missions is to maximize return to the FHA insurance fund, which it does by selling the properties at fair market value. How do I buy a HUD Home? Our policy is to market acquired properties on a competitive basis with offers being submitted through any participating licensed real estate broker. Local brokers will assist you in the transaction. They can show the property to prospective buyers, as well as answer questions and provide information on the location of parks, schools, shopping, and employment centers. Are HUD Homes meant for low income people? HUD Homes come in a variety of price ranges, though most are affordably priced, making them accessible to low and moderate income Americans. What are the income requirements? If youmake a cash purchase, there are no income requirements. Otherwise, you must be able to qualify for a particular type of mortgage financing based on established mortgage lending criteria (see page 3). How does HUD decide how much to charge for a HUD Home? The listing price of a HUD property is a price based on the appraised value. Can investors purchase HUD Homes? Yes. However, HUD offers its properties to owner/occupants for a period before making them available to investors. What happens if I can't close the sale within the time permitted by HUD? You'll probably have to pay fees for an extension of time, usually in increments of 15 days. Is there any way for me to get advanced notice about homes that will be coming up for sale? No. HUD Homes are listed for sale in the local multiple listing service (MLS), the Internet at www.hud.gov or ask your broker. A WORD ABOUT LEAD-BASED PAINT. HUD and the Environmental Protection Agency (EPA) have begun a nationwide effort to alert home buyers to the risk that older homes may contain lead-based paint. Lead exposure can be harmful to young children. If you are making an offer on a home constructed prior to 1978, you should receive a copy of the EPA pamphlet Protect Your Family from Lead in Your Home from your broker. You will be required to submit a lead-based paint addendum with your offer on the HUD Home. You will be given the opportunity to conduct a risk assessment or lead-based paint inspection (at your own expense) prior to being obligated under the contract. TERMS YOU NEED TO KNOW. Adjustable Rate Mortgage (ARM) . A type of mortgage rate loan whose interest rate changes periodically up or down, usually once or twice a year. Annual Percentage Rate (APR). Everything financed in your mortgage loan package (interest, loan fees, points or other charges) expressed as a percentage of the loan amount (usually slightly above the actual interest rate alone). Assumable Loan. A loan in which the lender is willing to transfer from the previous owner of the home to the new owner, sometimes at the same interest rate, sometimes at a new rate. An assumable loan can make your home more attractive to buyers when you want to sell. Closing Costs. Costs the buyer must pay at the time of closing in addition to the down payment: including points, mortgage insurance premium, homeowners insurance, prepayments for property taxes, etc. Closing costs average 3 percent -4 percent of the loan amount. If you're buying a HUD Home, you can request they be paid by HUD, if the sales incentive is offered. Contingency. A condition put on an offer to buy a home; such as the prospective buyer making an offer contingent on his or her sale of a present home. Conventional Mortgage. A type of mortgage not insured by either the Federal Housing Administration (FHA) or the Department of Veterans Affairs (VA), and thus usually requiring a 10 percent - 20 percent down payment. (HUD Homes may be purchased with a conventional mortgage.) Earnest Money. Funds submitted with an offer to show good faith to follow through with the purchase. Earnest money is placed by the broker in an escrow/trust account until closing, when it becomes part of the down payment or closing costs. (HUD generally requires an earnest money deposit of $500-$2,000.) Escrow. A procedure in which documents or transfers of cash and property are put in the care of a third party, other than the buyer or seller. FHA Financing. Financing for a loan which will be insured against loss by the Federal Housing Administrationa part of the U.S. Department of Housing and Urban Development (HUD). Such financing allows for a lower down payment than required by most lenders. Homeowners Insurance. Insurance that protects the homeowner from casualty (losses or damage to the home or personal property) and from liability (damages to other people or property). Required by the lender and usually included in the monthly mortgage payment. Loan Origination Fee. A fee charged by the lender for evaluating, preparing, and submitting a proposed mortgage loan. Mortgage Insurance Premium (MIP). A charge paid by the borrower (usually as part of the closing costs) to obtain financing, especially when making a down payment of less than 20 percent of the purchase price, for example on an FHA-insured loan. Point. An amount equal to one percent of the principal amount being borrowed. The lender may charge the borrower several points in order to provide the loan. Property Taxes. Taxes (based on the assessed value of the home) paid by the homeowner for community services such as schools, public works, and other costs of local government. Paid as a part of the monthly mortgage payment. Title Insurance. Protects lenders and homeowners against loss of their interest in property due to legal defects in the title. VA Loan. A loan guaranteed by the Department of Veterans Affairs against loss to the lender, and made through a private lender. (HUD Homes may be purchased with a VA loan.) U.S. Department of Housing and Urban Development Office of Single Family Housing 451 Seventh Street, SW Washington DC 20410-3000 August 2004 Return to Federal Citizen Information Center Home Page Printer-friendly page --

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San Diego real estate, MLS real estate listings, San Diego County real estate San Diego real estate San Diego county real estate - San Diego homes San Diego real estate Search the San Diego MLS San Diego real estate source San Diego real estate . . .Buying, selling, relocating . .to INSURE the BEST POSSIBLE DEAL Use the expertise of Bob Schwartz, Certified Residential Specialist Cell/Pager: 619-300-8819 Home office: 619-286-5604 *This site is continually (usually twice weekly) updated. Just Listed! San Carlos - Cosmetic Fixer! SAVE TENS OF THOUSANDS 4Br./2.5Ba.+Fam. Rm 1,800+Sq.Ft. . Click Here for more info on this San Carlos home Westerly Sunset Views Value Ranged just $499,000 to $529,000 San Diego local real estate facts . 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Featuring La Jolla real estate Del Mar real estate Encinitas real estate The expertise of Bob Schwartz, real estate broker , Certified Residential Specialist = Your BEST POSSIBLE Deal Buying or Selling San Diego real estate Contact Information Bob Schwartz Telephone: Toll-Fre e : Only for sale/purchase real estate inquires: 1-866-895-3715 Cell/Pager: 619-300-8819 Home office: 619-286-5604 fax: 619-229-0048 Postal address: Brokerforyou c/o Bob Schwartz 7966 Laurelridge Road, San Diego CA 92120 Electronic mail: ***Privacy Policy*** We will NEVER release, sell or give any of your information to any other party or organization. You will only receive requested information or updates and only from us. SAN DIEGO REAL ESTATE INTERNET WARNING: The Internet is a great source for information, but can never be a substitute for 27 years of actual real estate experience! California real estate sales, with their myriad of disclosure laws, makes for one of the most complicated sales transactions. From Natural Hazard Disclosures to City water retrofit transfer of responsibility forms, anyone entering into a real estate transaction here, without proper advice, guidance, and professional opinion is gambling with one of their biggest monetary investments. I care about my clients and strive to help them reach their goals in a conservative, professional manner. There is no substitute for the real estate experience I can bring to any negotiation. 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Is Foreclosure Investing for You? Online Catalog | Shopping Cart HOME | Foreclosure Investing | Short Sales | Articles | Financing | Commercial | Mobile Homes | Cash Flow | Legal | News Group CRE Online > Money-Making Ideas > Is Foreclosure Investing for You? Is Foreclosure Investing for You? by Ronald Starr If you are new to real estate investing and considering buying foreclosure properties, you need to be realistic about what you are facing. If you feel more sober about foreclosure investing after reading what I have written below, I will have accomplished my goal. Foreclosure investing is not a good investment approach for beginners. I recommend that you have at least a couple of years' experience with more traditional real estate investing first. The profits from foreclosure investing can be huge. That makes foreclosures attractive. There is an awful lot to know in order to avoid the problems that can occur. If you don't know what you are doing, one disastrous foreclosure investment can wipe out your capital and your enthusiasm for all real estate investing. Three ways to buy a foreclosure property There are three basic approaches to buying properties in foreclosure depending on the stage of the foreclosure process: buying pre-foreclosures, buying at the foreclosure auction, and buying from lender after the foreclosure sale. If you buy from the delinquent property owner before it goes to auction, you have bought a pre-foreclosure deal. Buying at the auction is self-explanatory. If nobody bids, the lender ends up with the property. Buying from the lender after the auction is called buying REOs (real estate owned) or Repos, (repossessions). Sometimes you will see them referred to as "corporation owned" or, my favored term, "lender owned." REOs are the least risky way to buy foreclosures You may have more risk than you would in a regular real estate transaction, but REOs are less risky than in buying at the auction. Since REOs are somewhat similar to a regular sale, they can be pretty safe. You might not get a seller's disclosure. In California, a lender who acquires a property through foreclosure does not have to offer a disclosure to you as a buyer. But, if there are problems after you buy the property, you might be able to sue the lender who sold you the property, or at least threaten to sue them, and they might make things right or pay part of the cost. There's a good chance they will still be around after the sale. The risks of buying pre-foreclosure real estate The next riskiest foreclosure purchase is the pre-foreclosure. If an owner of a pre-foreclosure disappears, you risk not getting anything from him after the sale. A pre-foreclosure seller might be desperate and lie to you about the condition of the property and the neighborhood. There might be liens on the property that the seller "forgot" to mention. The big utility bills become the buyer's responsibility if the pre-foreclosure investor failed to check them out. Ditto for unpaid property taxes. There may be another person on title who did not sign the deed, and so on. In California and, I believe, some other states, there are special laws related to dealing with and buying a property from a homeowner occupant who is in default on a loan. If the contracts and the sale are not done according to the law, the seller has the right to rescind the sale and could, long after the sale, sue to have the sale reversed. There are extreme penalties for violating the law. Remember, "Ignorance of the law is no excuse." You need to know the state law when you do pre-foreclosure investing. Can the seller can legally deed the property to you? What if the seller is already in bankruptcy? The deed is likely not valid unless it has gone through the bankruptcy court. You have to call the local bankruptcy court to check for a possible filing. And, of course, the seller could have filed bankruptcy in another bankruptcy court that you did not call. And, even if the seller does not file bankruptcy until after your purchase, you may have to deed the property back to the seller up to three years after you bought it. If selling the property made the seller destitute, and the seller sold for much below market value--which you hope he did so you could make a good profit--the bankruptcy trustee can require you to deed the property into the bankruptcy estate on the grounds that the sale was a "fraudulent transfer," wherein the seller deprived his creditors of an asset which could help pay the debts. At that point, you become a creditor of the bankruptcy estate. Is this really what you planned when you bought the "great pre-foreclosure deal"? A lot of pre-foreclosure buyers may forego some of the inspections because they are hurrying to buy before the foreclosure auction. Sometimes the buyers will give money to the owner, get a deed, and record the deed themselves in the land records office of the county. The pre-foreclosure buyer has to be very alert to a lot of possibilities and check them out. You must have superior knowledge of real estate investing before you start doing pre-foreclosure investing. But, if you sign a proper sales contract with the owner, get appropriate inspections, go through an escrow with a knowledgeable escrow agent, and look at the property yourself, you probably will not be at great risk. If you use the safeguards above, you are going to have less risk than in most foreclosure auction buys. The risk of buying at the foreclosure auction Buying at the auction is the riskiest foreclosure purchase. At the auction you have no real estate agent to lead you through the process. You have no escrow and no title report let alone title insurance. In most jurisdictions it is an all cash sale. In some states you may have a week to a month to come up with the full purchase price. If you do not raise the money, you lose your deposit. At the auction the people conducting the sale will announce that the successful bidder will receive NO WARRANTY OF ANY KIND. You have no assurance that there are not other liens or loans on the property. You do not have any inspections by contractors, roofers, pest inspectors, building inspections, water well, or septic system experts. You get no disclosure from the seller as to the condition of the building or what is happening in the neighborhood. Usually you cannot see the inside of the building; perhaps not even the back of the outside. You know nothing about the electrical system, the plumbing, the heating, or air conditioning. If you buy an occupied property, you have to do an eviction, which, in some states, can drag out for a while, preventing you from getting into the property quickly to prepare for resale. Sometimes the occupants, if they are former owners, will vandalize the properties before leaving or steal items, such as cabinets, doors, fixtures, lamps, etc. If you are buying to resell the property quickly for a profit, you had better know if your buyer can readily get title insurance when buying your foreclosed-upon property. When you get a very good deal at a foreclosure auction, you may find that the former owner files a lawsuit to attempt to overturn the sale. So be prepared to hire an attorney and fight for your profit. Experience and knowledge build your foundation Now do you begin to understand why I recommend that beginners not start investing in foreclosures? Start with simpler buying approaches and get some experience with properties, laws, ordinances, deeds, and loans, and so on to provide a foundation. Learn to do title searches as fast as the professionals. Get to know intimately the government offices that have property records and tax assessment rolls. Get to know the property values in an area where you invest. Learn about the problems with properties in different neighborhoods, such as bad soil, poor construction in certain subdivisions, problems with septic systems and wells, and soil contamination. When you have learned all that, start studying up on foreclosures. Study the foreclosure laws in your state. Study law books on the priority of liens, bidding at auctions, title insurance, and bankruptcy. When you fully understand foreclosures, start buying them. I am not trying to stop you from investing in foreclosures. They can be profitable for those who can practice it well. But, few beginners can do it well. I'm telling you to be realistic and get the background that will allow you to be successful in foreclosure investing. The field is rife with risk. You can easily lose your whole investment if you make a single mistake. Please believe me, even with all my years of real estate investing experience, it has happened to me. Good Investing, Ron Starr MORE INFORMATION More on this topic... Customers also bought...

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California Department of Real Estate: Using the Services of a MortgageBroker Using the Services of aMortgage Broker (Revised by DRE January2002) Introduction A home loan is a transaction inwhich you promise to repay money you have borrowed and also give the lender amortgage on your home to secure repayment. In California, your promise to repayordinarily is in the form of a promissory note and the mortgage is ordinarily inthe form of a deed of trust. You need to make certain that you understand theterms of the loan before you become obligated. Whether you obtain a loan througha mortgage broker, a financial institution or some other lender, you should askquestions about the loan process and paperwork so that you understand the formof the transaction and the terms of the loan before you agree to them. The purpose of this brochure isto provide basic information about using the services of a mortgage broker whichmay assist you in making an informed decision when seeking a home loan. Using the Services of aMortgage Broker A mortgage broker helps youobtain a home loan. A mortgage broker may be licensed by either the CaliforniaDepartment of Corporations or the California Department of Real Estate. Mortgagebrokers make or arrange first mortgages and junior mortgages. A junior mortgagesecures a loan which is secondary or junior to one or more other loans on theproperty. Some home loans arranged through brokers are very similar to a homeloan you might obtain independently from a bank, savings and loan association(S&L), credit union, finance company, or other type of lender. Some brokersoffer shorter loan terms and/or different repayment plans. Prior to using the services ofa mortgage broker ensure that you check to make sure they are properly licensedby checking with the California Department of Corporations at http://www.corp.ca.gov or 1-800-347-6995 and/or the California Departmentof Real Estate at http://www.dre.ca.gov or (916) 227-0931. You may also wish to check with the Better BusinessBureau at http://www.bbb.org to see if the company is a member and if any complaints have been filed againstthe company. The Role of the Mortgage Broker The mortgage broker is usuallyan agent for the purpose of arranging the home loan transaction. Thisrelationship imposes a legal duty on the broker to disclose to you the material(important) facts you need to know about the loan. The broker has a duty offairness and honesty to both you and the lender. These legal duties can beimportant in resolving disputes which arise after the loan is made, but the bestway to avoid problems and disputes is to ask questions and be sure youunderstand the terms of the loan and each of the loan documents before you sign. When acting as an agent, thebroker speaks for you in submitting your loan application to a lender. Make surethat you give the broker full and accurate information, and that any loanapplication or other document the broker prepares for your signature is accurateand complete before you sign it. Make sure you understand the terms of the loanbefore you agree to it. Mortgage Broker Commissions andLender Fees Mortgage broker commissions andlender fees are not usually set by law. Mortgage Brokers are paid eitherdirectly by you or by the lender who funds the loan. You may choose to pay themortgage brokers commission with: Cash (out of pocket) or Proceeds from the loan (this will increase your loan balance) or A lenders rebate or service release premium (see definition of lenders rebate and service release premium below). Compare fees charged by severallenders and mortgage brokers. You may be able to do this with a few phone calls.Ask about the amount of the fees and costs to be paid by you in cash before theloan is funded, the amount of the fees and costs to be paid from the loanproceeds or lender rebates, and the amount of fees and costs to be financed. Definitions Points - The term "points"customarily refers to the commission, or origination fee, charged by themortgage broker or the loan fee charged by the lender when the loan is made.Each point is 1% of the loan amount. On a $100,000 loan, 1 point is $1,000 and10 points is a charge of $10,000. The amount of points charged is not usuallyset by law. You may wish to shop for a mortgage broker or lender who chargesfewer points. You may be able to negotiate for lower points. Asking about pointsbefore you choose a mortgage broker or lender may save you money. You should beaware, however, that a "no points" or "zero points" loan mayhave a higher interest rate than a loan for which points must be paid.Therefore, it is important to compare the points, costs and interest rates inorder to decide which loan is best for you. And remember, there is no such thingas a "no cost loan." Points can also be paid by the borrower to obtaina lower interest rate loan. These are referred to as "DiscountPoints". Rate Sheet - A term used to describe how lenderscommunicate (via computer or fax) the interest rates, terms and costs of loanproducts available to mortgage brokers. Interest rates can change several timesa day. Each lender provides its approved mortgage brokers with the current ratesheet for its loan products. Par Loan - The interest rate at which theborrower pays no discount points and the lender pays no rebate to the broker fordelivering the loan to the lender. Yield Spread Premium (also know as a lender rebate) Therate at which a mortgage broker is compensated for the difference between theinterest rate on a par loan and the interest rate on an above par loan, which abroker can deliver to the lender. This is expressed in the number of points paidto a broker. A broker receives payment of the premium, the lender obtains ahigher than par loan, and the borrower pays for the premium over the entire lifeof the loan. For example, if the interest rate on a par loan is 7% and themortgage broker can deliver a 7.5% loan to the lender, the lender may beoffering to pay the mortgage broker a rebate of 2 points or 2% of the loanvalue. For a $100,000 loan, the broker would be paid a $2,000 Yield SpreadPremium by the lender and the borrower would have to pay a higher interest rateover the life of the loan. Always ask your broker if rebate pricing is involvedon your loan; a broker must disclose any rebate they are to receive inconnection with your loan to you. Service Release Premium This is another form of compensationthat a lender may pay to a broker for delivering a loan. Each loan comes with"servicing rights", which are the rights to collect the mortgagepayments. Servicing rights can be sold independently of the actual mortgage.Some lenders pay mortgage brokers a "Service Release Premium",expressed as points, when the mortgage broker delivers the lender a loan. Alwaysask your broker if a Service Release Premium is involved on your loan, a broker must disclose any Service Release Premium they are to receive in connection with yourloan to you. Loan Pre-Approval Mortgage Brokers will obtainpre-approval for a loan based on preliminary information supplied by theborrowers. THIS IS NOT A LOAN APPROVAL . Loan Approval only takes placeafter all required information has been reviewed and approved by the lendersunderwriter. Loan approvals may also contain conditions that the borrower mustmeet prior to funding of the loan. Loan Lock A request for the interest rate onyour loan can either be locked or floating. If you choose to obtain a loan lockthe mortgage broker will "lock-in" the agreed upon interest rate atthe time you request the lock. This lock is for a given period of time. Alwaysask your broker for the length of the lock and if there is any lender charge forlocking the interest rate of your loan. Always ask for a written lock-inagreement, signed by the mortgage broker, detailing the exact terms of thelock-in. You may choose to float theinterest rate on your loan. This means that the loans interest rate will beset at the prevailing interest rate for your loan program on the day of closing. Remember interest rates canchange daily and sometimes more than once in a day. You need to talk with yourbroker to determine the best course of action for you. Annual Percentage Rate (APR) - The annual percentage rate (APR) ofinterest includes both the simple interest rate and certain fees, commissions,costs, and expenses. By contrast, the simple interest rate, or note rate, doesnot include these costs and fees. If a broker or lender quotes an interest rateto you, be sure to ask if that rate is the simple rate or the APR. Use the APRto compare loans which have different simple interest rates, points and otherloan charges. The loan with the higher APR may cost you more over the term ofthe loan. What Other Fees Should I AskAbout? The mortgage broker may chargeyou loan application processing fees. You may incur appraisal and credit inquiryexpenses. However, if the mortgage broker asks for payment in advance forany service other than an appraisal or credit inquiry, call the DRE to see ifthe broker has approval to do so. Closing costs may include charges for documentpreparation, escrow services, title insurance, notary services, and recordingfees. You may also be charged for fire or homeowners insurance coverage,optional credit life or disability insurance, or beneficiary statements. You do not have to buy creditlife or disability insurance. Credit life and disability insurance benefits makeyour mortgage payments if you die or become disabled. Many credit life anddisability policies have limitations, called exclusions, that excuse the insurerfrom paying under a variety of circumstances. Make certain you understand theterms of the policy and what it excludes. You can also secure financialprotection from disability or death through standard term life insurance ordisability insurance. Before you buy credit life or disability insurance,compare the cost with the cost of a term life or disability policy. Do My Costs Increase if IBorrow More Money? Many loan costs and fees arebased on the amount of the loan. Usually, the more you borrow, the higher thecosts and fees. Also, your costs and fees are limited by law on first mortgagesunder $30,000 and junior mortgages under $20,000 which are arranged through abroker, licensed by the Department of Real Estate. An Overview Of The Loan Process Selecting a mortgage broker orlender As statedearlier, brokers usually act as your agent with the lender. You can also dealdirectly with some lenders, without using a mortgage broker. Whichever youchoose, ensure that you have checked out the company. Try to use companies thatpeople you know have used and can tell you the level of service provided. Ratesshould be competitive with other companies. Remember that if the deal sounds togood to be true, it probably is. The Loan Application You will have to provide acompleted loan application. Some brokers will come out to your home to take theapplication, you can fill one out yourself, or some brokers have Web sites thatallow you to submit the application on-line. You will probably be asked to payfor a credit report and appraisal fee up front. If a broker tells you the creditreport and appraisal costs are not being charged to you, make sure to get it inwriting. Also verify that you will not pay for these items at the close ofescrow out of your loan proceeds or that the broker will not demand payment forthe fees, if you do not close the loan. The broker will also require that yousubmit the required documents that the lender requires in relationship to theloan program you are trying to obtain. Both the broker and lender will provideyou with required disclosures regarding the terms of the loan. It is importantthat you review these disclosures and ensure that the terms meet with yourapproval. Processing the Loan This is the process were the brokerobtains the required information and submits it to the lenders underwriterfor loan approval. This is a critical stage in obtaining your loan. Ensure thatyou respond to all requests for information in a timely manner. This willincrease your chances of getting the loan or learning why you dont qualify.This is also the time you may want to lock in an interest rate. Remember to keepin contact with the broker and to monitor the loan process, ensuring that thebroker is meeting the agreed upon time frames. Closing the Loan This is the final stage of the loanprocess. The closing can take place at a title company, escrow company, or thebrokers office. The broker may use a signing service that will bring thedocuments to you for signing. No matter where the signing takes place, this isthe time to ensure the loan terms and costs are what you asked for. Read alldocuments. Do not let yourself be rushed. If you have questions, ask them andmake sure you understand the answers. If the terms and conditions are not whatwas agreed upon, do not sign the loan documents. Request that the documents beredrawn stating the correct terms. Debt Consolidation: BorrowingMoney on My Home to Pay My Bills Be careful about using a homeloan to consolidate debts into a single monthly payment. A home loan isdifferent from other consumer debts. If you cant pay most consumer debts, youmight receive a bad credit rating, be sued, or even be forced into bankruptcy.But if you cant pay your home loan, you could lose your home. Many consumer debts such asbills for credit cards or medical services are unsecured. Other consumer debtslike car payments or furniture payments may be secured by an interest in thegoods but not by an interest in your home. If you cant repay consumer debts,the creditor may be able to take back the goods and sue you for the amount ofthe debt not repaid by the resale of the goods. But on a consumer debt, thecreditor cannot simply foreclose on your home. If you pay off consumer debtslike car, medical or credit card bills with a home loan, the new debt is securedby your home. This creates the risk that you could lose your home if you cantmake the payments. CONSUMER CHECKLIST Questions to Ask About Debt Consolidation Are your debts unsecured (such as medical bills and credit card bills) or secured only by an interest in personal property (such as a car or furniture payments)? Can you work out a payment schedule with your creditors to repay existing debts? How will you pay off a new home loan if you cant pay your current bills? Paying Off a Balloon PaymentLoan A balloon payment loan is notfully paid off through the monthly payments. A loan without a balloon payment isrepaid a little bit each month. With these loans, each months payment appliesto both interest and principal. They are called fully amortized loans becauseyou pay off (amortize) the loan with your monthly payments. By contrast, aninterest-only loan or a partially amortizing loan will include one or moreballoon payments: i.e., payments that are twice or more the size of the regularpayment. Partially amortizing andinterest-only loans have lower monthly payments than fully amortizing loans forthe same amount. In an interest-only loan, the monthly payments do not pay anyof the loan principal. The payments cover only interest. The unpaid principalmust be paid by one or more balloon payments. For example, if you obtain a$15,000 interest-only loan at 15% interest for 5 years, you must make monthlyinterest payments of $187.50. At the end of the 5 year term, however, you wouldstill owe the entire $15,000 principal and it would be due in one balloonpayment. (If you had made payments of $356.85 instead, the loan would have beenamortized/paid off by the end of the 5 year loan term. If your loan was for 10years, monthly payments of $242 per month would fully amortize it.) A balloonpayment results when your monthly payments pay only interest (a non-amortizingloan) or when they pay only part of your loan principal (a partially amortizingloan). An example of each could looklike this: $15,000 Loan 15% 5 Yrs Monthly Payment Balloon (Due After 5 Yrs) Fully Amortized $356.85 0 Partially Amortized $280.00 $7,000.00 Interest Only $187.50 $15,000.00 With interest-only andpartially amortizing loans, if you do not have the financial means to repay thebalance of the loan principal as a balloon payment at the end of the loan term,your choices could include: selling your home to make the balloon payment; taking out another loan typically incurring more fees and costs to pay off the balloon payment; or losing your home to foreclosure if you fail to make the balloon payment. If you refinance the loan topay the balloon payment, you typically must pay new loan fees and closing costs.This could increase your debt. If the debt becomes too large in comparison withthe amount of equity in your home, you may not be able to further refinance.Then, if you are not able to satisfy the debt, you could lose your home inforeclosure or be forced to sell it to pay off the loan. Refinancing My Existing FullyAmortizing Mortgage Sometimes borrowers replace anexisting mortgage with a new, larger first mortgage. Some things to consider indeciding whether to refinance an existing mortgage are: refinancing may replace a fully amortizing loan with a loan requiring a balloon payment. refinancing may shorten the amount of time you have to repay by replacing a long term loan with a short term loan. a new junior mortgage in a smaller amount may cost less, in points and fees, than refinancing the existing first mortgage. CONSUMER CHECKLIST Interest-Only and Partially Amortizing Loans How much will you owe (balloon payment) after you make all the monthly payments? How much would the monthly payments be to fully amortize the loan and avoid any balloon payment? Could you afford the monthly payments on a fully amortizing loan if you borrowed less money or obtained a longer loan term? Where will you obtain the money to make the balloon payment? Remember that you risk losing your home if you cant pay the balloon payment. How Do I Decide About theLength of Loan Term? The term of the loan is thenumber of years you have to repay it. First mortgages usually have terms of 15,30, or even 40 years. Junior mortgages typically have terms of 1, 3, 5, orperhaps 10 or more years. With a fully amortized loan, the longer the loan term,the lower your monthly payments. With an interest-only or partially amortizingloan, a longer loan term means you have more time before you have to pay theballoon payment. In any event, the longer the loan term the more total interestyou will pay, assuming you do not prepay the principal of the loan. How Do I Choose a MortgageBroker and a Loan? Call lenders and mortgagebrokers and ask about interest rates and fees for the size loan you need. Besure to ask: What types of loans are available? What is the approximate amount you will have to borrow to receive the amount of cash you want? (That is, what amount of fees will be financed and deducted from your loan proceeds?) Does the lender or mortgage broker offer loans in the dollar amount you need? How much is the lenders fee or brokers commission on this size loan? What other fees or costs will you be charged and what is the estimated amount of each? Will you have to pay any fees if the loan is denied? Will you have to pay any fees if you apply, but then change your mind? What is the amount of the monthly payments, and the amount of any balloon payment? Will the loan be fully amortized/paid off by the regular monthly payments? What is the length of the repayment period/term of the loan? (The more time you have to repay, the lower your payments will be on a fully amortizing loan.) What is the simple interest rate? Is the interest rate fixed or does it vary over the term of the loan? What is the Annual Percentage Rate? On an adjustable rate mortgage(ARM), the interest rate and your monthly payment may increase with anincrease in the index used in your mortgage. In an ARM, the current interestrate is calculated by adding a fixed margin (such as 2%) to an index such as theCost of Funds Index published by the Federal Home Loan Bank Board. INDEX RATE +MARGIN = MORTGAGE RATE. For adjustable rate loans, askthe lender or broker: How long is the initial interest rate guaranteed? How often can the interest rate change? What is the largest monthly payment you could face? How often can the payments change? Can the amount you owe increase through negative amortization? (This can happen if your monthly payment is less than monthly interest costs.) What is the formula that will be used to set the rate? What would the rate be today if it were set by that formula? What are the caps on how high/low the interest rate can go? Is there a cap on how high or low a payment can be adjusted when the interest rate adjusts? A good way to determine howmuch the fees and costs will be on a loan is to ask each lender or broker twoquestions: 1) "Approximately how much do I have to pay in cash before theloan is funded?" and 2) "What is the approximate amount of money Iwill have to borrow to end up with a certain amount of cash?" By comparingthe answers you can find out how much you would have to borrow from each sourceto end up with the same amount of cash paid to you. What Do I Need to Know Aboutthe Loan Application? You will usually be asked tofill out a loan application describing your income, assets, debts and expenses,and the real property which is to secure the loan. Before you sign theapplication, make sure that it truthfully states your income, assets, debts andexpenses. Never sign a blank application. Do not stretch the truth on your loanapplication. Dont exaggerate your income or understate your debts. The lenderis entitled to know your true financial condition. You may be asked to providedocuments to the mortgage broker to verify your employment and bank accounts.The sooner you comply with these requests, the sooner your loan application canbe processed. Consumer Checklist: The LoanApplication Accurately report your income, assets and debts. Never sign a blank application. Ask for a copy of your signed application. To avoid delays, promptly provide the information requested by the mortgage broker. Ask approximately how long it will take to process the application and obtain the loan you are requesting. Using the Mortgage LoanDisclosure Statement In most cases, a mortgagebroker must cause to be delivered to you a Mortgage Loan Disclosure Statement(MLDS) within 3 business days after you complete and present to the mortgagebroker a written loan application or before you become obligated to take theloan, whichever is earlier. Ask to receive the statement as soon as possible andread it carefully. It will provide you with the following information about theloan: the amount you are borrowing (the principal); the estimated amount of any costs which are to be financed as part of the principal; the estimated amount you will pay in fees to get the loan, including commissions to the mortgage broker; and the estimated amount of money that you will receive from the loan after costs, fees, and commissions have been deducted. Compare the line on thestatement showing the amount of the principal with the line stating the amountof cash which will be paid to you. The difference between these two numbers isthe amount of fees and costs which will be financed as part of your loan debt. The statement must also includeestimates of the maximum costs of arranging the loan. It must list the estimatedamount of each of these fees, if they apply: appraisal fee lender fees escrow fee title insurance charge notary fee recording fee credit investigation fee fire or other hazard insurance premiums credit life or disability insurance premium beneficiary statement fees reconveyance fee (when you are refinancing an existing loan) The disclosure statement shouldalso list any existing loans or liens against the property. If you expect thenew loan to pay off a debt, check to be sure that debt is listed. Be sure to ask for thisdisclosure statement before you sign the loan papers. You do not becomeobligated to accept the loan until you sign the loan agreement or promissorynote. If the disclosure statement does not describe the terms that you expect orwant, dont sign the loan papers. Any changes from the original terms, cost,or expenses, must be disclosed to you in a timely manner. If the loan transaction isfederally related, you may not receive an MLDS but you should receive a GoodFaith Estimate conformed to California disclosures and certain Truth-in-Lendingdisclosures. These are federal disclosures which together generally provide thesame information as the MLDS. (See discussions below regarding RESPA and theTruth-in-Lending Act.) If the broker does not provide the MLDS, he/she mustseparately advise you of any compensation received or expected from the lenderand whether the loan includes a balloon payment. Get It In Writing Do not be afraid to ask themortgage broker or lender to show you where the loan papers describe anyparticular features of the loan which have been promised to you. If the termsyou have been promised are not there, ask the mortgage broker or lender to putthem in writing. Promises made only orally may not be enforceable. Real Estate SettlementProcedures Act (RESPA) The Real Estate SettlementProcedures Act (RESPA) is a federal law administered by the U.S. Department ofHousing and Urban Development (HUD). RESPA only applies to federally relatedloans and requires, among other things, that mortgage brokers providedetailed information on settlement costs so that buyers and borrowers can shoparound for settlement services. Mortgage brokers and lenders must provide a goodfaith estimate of costs the borrower is likely to incur at close of escrow. Thebroker must present this estimate not later than 3 business days after receiptof a written loan application. The estimate will contain information similar tothe Mortgage Loan Disclosure Statement required by California law. In somecases, a broker may use one disclosure form to comply with both the state andfederal requirements. Your Rights Under the FederalTruth-in-Lending Act The Federal Truth-in-LendingAct (TILA) applies if the broker makes the loan with its own funds or arrangesthe loan for a lender who makes five or more home loans per year. If the TILAapplies, the lender must provide you a disclosure before you become obligatedwhich tells you: the identity of the creditor; the amount financed; that youhave a right to an itemization of the amount financed; the dollar amount of thefinance charge; the finance charge expressed as an annual percentage rate (APR);the number, amount and periods of payments; the total of all payments; any latepayment charge; and whether or not there is a charge upon prepayment of the loanprincipal. The disclosure statement mustalso identify the property which is to secure the loan and should tell youwhether the terms of the loan permit assumption of the loan by someone buyingthe property from you. If the TILA applies, you mayhave a right to rescind (cancel) the loan within three days after certainevents, including the consummation of the loan transaction. When you do notreceive proper disclosures about the loan, the right to rescind can last as longas three years from the time you obtain the loan. Any request to rescind theloan should be made in writing. The TILA right of rescissiondoes not apply to all loans arranged by mortgage brokers, so do not rely on thepossibility of later rescission as a substitute for careful study of the loanbefore you agree to it. The TILA was amended in 1994with respect to certain loans, other than purchase money loans, secured by theborrowers principal dwelling. In these "high rate/high fee" loantransactions, also known as "Section 32" loans, the TILA now placessome additional restrictions on creditors, requires more disclosures, and givesborrowers cancellation rights. The amendment defines a creditor as someone who,in any 12-month period, originates more than one high rate/high fee loan. Also, any such loan arranged by a mortgage broker is subject to the new requirements. Ahigh rate loan is one in which the APR exceeds by 10 points or more the yield onTreasury Securities having a similar term. A high fee loan is one in which thetotal points and fees exceed the greater of 8% of the loan amount or, as of1-1-00, $451.00 (adjusted annually on January 1 based on the change in theConsumer Price Index). The TILA is enforced by the Federal Trade Commission(FTC). The FTC will answer questions concerning the TILA and high rate/high feeloans. The Loan Documents: What DoThese Papers Mean? The mortgage broker shouldexplain the loan to you, but you can also help avoid misunderstanding by readingthe documents and asking questions. Dont guess at the meaning of the loanpapers. Ask the mortgage broker to explain them. CONSUMER CHECKLIST Understanding the Loan Documents Study the loan documents and ask questions to help you understand their meaning BEFORE you sign. Ask the mortgage broker or lender to put into writing the terms agreed to. Read all the loan documents carefully before you sign. Before you sign, make certain all the loan terms agreed on are included. Obtain and keep a copy of everything you sign. Signing the Papers: What toExpect When the time comes to sign thepapers, several documents will be presented to you. They will probably include: Promissory Note In the promissory note, you promise torepay the money borrowed. The note should state the amount you are borrowing,the interest rate, whether and how that interest rate may change, the term orlength of the loan, and the amount of any balloon payment. Deed of Trust The deed of trust gives the lender alien on your home. It also gives the lender the right to foreclose on your homeif you dont repay the loan. Escrow Instructions The escrow instructions tell theescrow holder how to pay the loan funds. If existing mortgages or other debtsare to be paid off by the loan, be sure that the escrow instructions tell theescrow agent to pay off these debts. Broker Agreement Read the broker agreementcarefully. Does the agreement require you to pay the brokers fee even if youdont receive the loan you requested? Make sure the agreement is consistentwith what the broker has already told you about your rights and obligations. Declaration of Oral Disclosures This is a statement that the brokerhas orally explained certain terms of the loan to you. Before you sign a papersaying that you have received explanations, make sure that you have received theexplanations and that you understand what you have been told. Mortgage Loan DisclosureStatement Themortgage broker must give you this statement, which sets forth the loan termsand estimated costs, within 3 business days of receiving your completed writtenloan application or before you become obligated to complete the loantransaction, whichever is earlier. If liens or debts are to be paid off by theloan, be sure they are listed on the disclosure statement. (In lieu of the MLDS,in a federally related loan transaction you may only receive Truth-in-Lendingdisclosures and a Good Faith Estimate of costs conformed to Californiadisclosure laws. See "Using the Mortgage Loan Disclosure Statement"above.) Truth-in-Lending DisclosureStatement Some, butnot all, mortgage brokers must give you Federal Truth-in-Lending Act disclosuresabout the cost of the loan before you become obligated on the loan. Take your time and read eachdocument carefully. CONSUMER CHECKLIST Signing The Loan Papers Dont be rushed or intimidated. Read each document before you sign any part of it. Dont sign any documents if there are spaces or boxes concerning the terms of the loan which are left blank. Check that the promissory note lists the interest rate, length or "term" of the loan, and other terms that were promised or represented to you. Mortgage Insurance: Notice toBorrower Civil Code Section 2954.6requires that if private mortgage insurance (PMI) is a condition of a loan thelender must notify the borrower whether the borrower has the right to cancel thePMI and, if so, what conditions must be met in order to cancel. Servicing: Making Your MonthlyPayments It is very important to makeall your payments and to make them on time. Your promissory note may include aprovision requiring you to pay a late charge for each late payment. For somehome loans, the law allows a late charge of up to 10% per installment. The person who collects yourloan payments is often referred to as the authorized servicer. Sometimes this isthe mortgage broker. NOTE: Civil Code Section 2937requires that if the servicing responsibility for a loan is to be (or has been)transferred, both the current and new servicer must notify the borrower of thechange and its effective date. What Should I Do About aDispute with the Authorized Servicer? If you have a disagreement withthe authorized servicer about your loan, write a letter to the servicer and keepa copy. State what the problem is and what you wish the servicer to do about it.Be specific. If your payment wasnt credited, give the account number, amount,date, and number of the check. Do not send your original documents such ascanceled checks. Keep all the originals and send copies with your letter.Confirm in writing any telephone conversations with the servicer. If you dontreceive a satisfactory response and the servicer is required to be alicensed real estate broker, you can file a complaint with the Department ofReal Estate. Also, Section 6 of RESPA requires the servicer to acknowledge yourrequest within 20 business and must try to resolve the problem within 60business days. If not you may have certain rights, such as the right to file acivil lawsuit against the servicer. Foreclosure: What Should I DoNow? In foreclosure, a person calledthe trustee in foreclosure sells your property at a public auction sale. Commonreasons for foreclosure are failure to make monthly mortgage payments or failureto make a balloon payment when due. Foreclosure proceeds in stages.It begins with a notice of default which tells you why you are now in default.You then have until five business days before the foreclosure sale to cure thedefault. To cure the default you have to pay off missed payments, late charges,and fees for initiating the foreclosure. If you do not cure the default,the trustee can take steps to hold a foreclosure sale. You have the right to one24-hour postponement of the sale if you make a written request to postpone whichstates that your purpose is to obtain the cash to pay the debt and whichidentifies the expected source of the money. Detailed rules governforeclosure. Dont wait until a foreclosure sale is scheduled to seek legalassistance. If you receive a notice of default, act on it promptly. See if youagree with the amount the trustee says is due. If you do not believe you owe theamount claimed, write a letter as soon as possible disputing the amount, withcopies of the proof of payments. Ask for a written correction and follow up withthe authorized servicer to see that your account is corrected. If you owe the money, thinkabout how to repay it and cure the default. Are you able to borrow money fromfamily or friends? Could you repay the amount of the missed payments over aperiod of several months? The lender is not required to allow you more thanthree months to pay off the default, but a lender may give you more time if youhave a definite plan for repayment. If the lender agrees to give you more timeto repay the loan, that agreement should be in writing. These agreements arecommonly known as work out agreements. When there is no way to repaythe debt, you should consider selling your home before you lose it inforeclosure. Selling the home may allow you to save your equity and protect yourcredit. This may help you in relocating to a new home. "Foreclosureconsultants" or "foreclosure specialists" often contacthomeowners who have received a notice of default. They may claim they canprevent the foreclosure, and may even suggest that you transfer title to yourhome to them. Persons who contact you and claim they can prevent a foreclosureshould be questioned carefully to determine how they believe that this can beaccomplished. CONSUMER CHECKLIST Foreclosure Avoid the risk of foreclosure by fully understanding the loan before you accept it. Make sure you will be able to make the monthly payments and any "balloon" payment(s). If you must miss a payment because of a special circumstance like a temporary disability or temporary unemployment, contact the lender or servicing agent before you miss the payment and suggest a plan for making up the payment(s) to be missed. Are you able to put an extra $50 per month on future payments? If you receive a notice of default, be sure the lender has accurately stated the amount you owe. If you have a plan to repay the missed payment(s), contact the lender promptly. If you are unable to make your payments or are in default and cant cure the default, consider selling the home before you lose it to foreclosure. Be cautious with anyone who contacts you claiming they can help you avoid the foreclosure without repaying the money you owe. Can I Find Out Why Credit wasDenied? Lenders may not base a decisionto deny you credit on your race, color, religion, national origin, ancestry,sex, marital status, or the fact that some of your income comes from a publicassistance program. The lender is required to inform you in writing of anadverse action (denial) taken on your application. If you make a timely writtenrequest, the lender must also tell you in writing why credit was denied. Also, effective January 1,2002, any person who makes, or arranges, loans secured by 1-4 unit residentialproperty, and who uses a consumers credit score in connection with theapplication, must give you a "Notice to the Home Loan Applicant"disclosing your rights to receive information regarding your credit score. Information and Complaints Federal Trade Commission (FTC) The FTC publishesfree pamphlets on home mortgages. California Department of RealEstate (DRE) TheDRE can tell you whether a mortgage broker has a current license, how long thebroker has been licensed, and whether the DRE has ever taken any formaldisciplinary action against the broker. This information can also be accessedthrough the DREs Web Site at http://www.dre.ca.gov . Private attorneys The county bar association in manycounties gives a referral to lawyers who have asked to be listed with the barreferral service. Legal Aid If you are on a fixed income orhave a low income, you may qualify for a lawyer through the county Legal AidOffice. CALIFORNIA DEPARTMENT OF REALESTATE Principal Office 2201 Broadway Post Office Box 187000 Sacramento, CA 95818-7000 (916) 227-0864 District Offices 2550 Mariposa Mall, Suite 3070 Fresno, CA 93721 (559) 445-5009 320 W. 4th Street, Suite 350 Los Angeles, CA 90013 (213) 620-2072 1515 Clay Street, Suite 702 Oakland, CA 94612 (510) 622-2552 1350 Front Street, Suite 3064 San Diego, CA 92101 (619) 525-4192 FEDERAL TRADE COMMISSION 901 Market Street, #570 San Francisco, CA 94103 (415) 356-5270 11000 Wilshire Blvd. Los Angeles, CA 90024 (310) 824-4343 Toll Free: 1-877-382-4357 Web site: http://www.ftc.gov This page last modified on Monday, February 03, 2003

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