real estate agents Money

Feds probe real estate agents - Apr. 22, 2005 Web CNN/Money Buying & Selling Investment Property Home Improvement Million $ Life Financing Best Places SAVE | EMAIL | PRINT | SUBSCRIBE TO MONEY | Feds probe real estate agents Money magazine investigation shows Justice Dept. looking into anticompetitive practices. April 22, 2005: 5:27 PM EDT By Jon Birger, Money Magazine NEW YORK (CNN/Money) - Did you pay your real estate broker too much? The U.S. Department of Justice may be set to turn Tulsa, Okla. into a test-case for ending the stranglehold 6 percent commissions have over the real estate brokerage business. MONEY has learned that Justice's Antitrust Division is gathering information on the bully tactics that full-commission brokers in Tulsa allegedly use against their discount rivals to discourage commission-cutting. The probe follows other recent efforts to spur competition in the real estate industry. According to a copy of a Justice Department subpoena obtained by MONEY, federal investigators are seeking information on "possible anticompetitive conduct in the provision of real estate services in the Tulsa area" as well as "documents related to refusal to cooperate on real estate transactions." An Antitrust Division spokeswoman confirmed the existence of the investigation but declined to provide additional details. Al Unser, executive director of the Greater Tulsa Association of Realtors said: "We received a CID [civil investigative demand] from the Justice Dept. and we have responded." Economists who study real estate, such as the University of Cincinnati's Norm Miller, believe anti-competitive behavior is the primary explanation for the persistence of the 6 percent commission. J.D. Smith and Bob Meyer are two Tulsa discount real estate agents who say they were interviewed by federal investigators. They say the investigators wanted information on full-commission agents' alleged refusal to show home-buying clients properties listed by discount brokers -- a tactic known as boycotting. Boycotting exploits the one major weakness of the multiple listing service. The MLS's upside is that it centralizes all homes for sale in a single electronic marketplace that can be accessed by all agents -- and these days by Web-savvy consumers as well. The downside is that brokers must depend on one another to help sell their homes, and that discourages them from undercutting each other's commissions. While boycotting the listings of discounters is generally considered an antitrust violation -- if undisclosed, it's also a breach of fiduciary duty to clients -- industry insiders are well aware that boycotting goes on, even if they claim not to condone it. For Smith, the Feds' investigation comes a year or so too late. His realty business on the brink of ruin, Smith recently abandoned discount brokerage and went back to charging 6 percent. "In one week," Smith said, "I've had more showings and more offers from other realtors than I had in the previous two months." The Tulsa investigation is part of an ongoing Antitrust Division foray into the sharp-elbowed realty world. In March, the Antitrust Division sued the Kentucky Real Estate Commission over a state law that prohibits real estate brokers from offering commission rebates to consumers. More recently, Assistant Attorney General R. Hewitt Pate sent letters to lawmakers and regulators in Oklahoma and Texas, urging them to reject proposals that would effectively prohibit brokers from engaging in limited-service or fee-for-service realty -- such as listing a home for sale on the multiple listing service for a flat fee of $500. Bruce Hahn, chairman of the American Homeowners Grassroots Alliance, argues that state prohibitions on rebates and fee-for-service discourage competition and inflate commissions paid by consumers. "We've talked to Justice, and we think what they're doing is tremendous," he said. E-mail Jon Birger at jbirger@moneymail.com. The Hot List Most profitable renovations How risky is your 401(k)? Big new tax credits for hybrid cars More Real Estate How to buy and build on rural land Most overvalued housing markets When booms go bust... contact us | magazine customer service | site map | glossary | RSS | press room OTHER NEWS: CNN | SI | Fortune | Business2.0 = Money subscribers = Premium content -- * - Time reflects local markets trading time. † - Intraday data is at least 15-minutes delayed. Disclaimer © 2005 Cable News Network LP, LLLP. A Time Warner Company ALL RIGHTS RESERVED. Terms under which this service is provided to you. privacy policy Reprints of site stories are available. Top Stories Most overvalued housing markets Risks to the economy in 2006 Which was the worst ad of all in 2005? After the ride, a rest Hilton brands reunite after 40 years YOUR E-MAIL ALERTS Real Estate Antitrust Division Corporate Governance Oklahoma or Create your own Manage alerts | What is this?

Sell House

Selling Your Home, Sell home, selling a house, selling house, sell your home - Home Services Mortgages Research Moving Zero Down Appraisals -- -- A Simple Guide for Selling a Home on Your Own Preface: Why sell yourself? Selling a home yourself, without an expensive real estate broker is easier than most people think. However, it will take some work on your part. You will be doing a lot of things that a real estate agent might normally do. Just follow the For Sale By Owner.com step-by-step selling guide below, and you'll not only save lots of money, but we'll make the house selling process as effortless as possible It's the money! Sellers save thousands of dollars not paying a 6% or 7% commission. For example, if your home can sell for $250,000, youd save $15,000 to $17,500 in commissions. Sell Your Home Fast. Because you are not paying an outrageous selling commission, you can afford to price your home more aggressively. The lower the price, the more likely it sells fast. You will still walk away with thousands in savings, but you'll just be doing it faster. It's so easy. Despite what a real estate broker may say, selling a house is not rocket science. They know that, and soon you will too. Just follow the simple selling steps below. And, if you have any questions, call us and one of our representatives will try to answer any questions you may have. You are not alone - For Sale By Owner.com will help you every step of the way. We are one of the largest and fastest growing real estate service companies in America. In fact, our web site is one of the top-five most visited real estate sites in America. Thousands of eager home buyers visit us everyday. Perhaps one of them is looking for a home just like yours. Over the past five years, we've helped sell thousands of homes, saving home owners millions of dollars. So let's get started. 8 Easy Steps to Selling a Home Yourself Step 1. Preparing your home to sell - make it look great Presentation is everything! Home buyers are attracted to clean, spacious and attractive houses. Your goal is to dazzle buyers. Brighten-up the house and remove all clutter from counter tops, tables and rooms. Scrub-down your house from top to bottom. Make it sparkle. Simple aesthetic improvements such as trimming trees, planting flowers, fixing squeaking steps, broken tiles, shampooing rugs and even re-painting a faded bedroom will greatly enhance the appeal of your house. Also, make sure your house smells good. That's right, clean out the cat box and light mildly scented candles. Invite a neighbor over to walk through your house like a buyer would. Get their opinion on how it "shows." The stuffed donkey in the family room may have to go to your in-laws for a while. Step 2. Pricing your home effectively Do not over price your home. Over-pricing when you sell a home reduces buyer interest, makes competing homes look like better values, and can lead to mortgage rejections once the appraisal is in. Over-pricing when selling a home is the single biggest reason why many "for sale by owner" home sellers don't sell their homes successfully. Remember: the home selling market dictates the price (not what you think it should be worth). One of the best ways to correctly price your house when selling is to find out how much other homes, similar to your own, recently sold for in your neighborhood. Talk to home sellers, buyers and check out the real estate listings in your local newspaper. Typically, if you set the price of your home at 5 to 10 percent above the market price, you are likely to end up with an offer close to your home's true value. Also, you may try calculating the cost per square foot of your home compared to the house selling prices in your area (divide list price by square footage of livable space). If your house has more features or other desirable qualities, you may want to set a slightly higher house selling price. The easiest way to accurately price your home is to contact your local home appraiser . Finally, set your house selling price just under a whole number, such as $169,900 rather than $170,000. Step 3. Get a real estate lawyer Even though it's an additional expense, it may be wise to hire a lawyer who will protect your interests throughout the entire transaction. An experienced real estate lawyer can help you evaluate complicated offers (those with a variety of conditions), act as an escrow agent to hold the down payment, evaluate complex mortgages and/or leases with options to buy, review contracts and handle your home's closing process. They can also tell you what things, by law, you must disclose to buyers prior to a sale and can also help you avoid inadvertently discriminating against any potential buyers. In some areas, title companies will handle all aspects of the transaction and have in-house legal departments that can assist you with legal issues that may arise. To locate a title company in your area, click here . Unless you're significantly experienced in the home selling process, having a real estate lawyer at your side provides peace-of-mind. You know you've got someone looking out for your interests, not just the buyers. To locate a lawyer in your area, click here Step 4. Marketing your home Exposure, exposure, exposure. That's how sellers sell their home fast. For Sale By Owner.com provides extensive home exposure because over 700,000 unique visitors come to the web site each month (that's Internet-speak for new people). In fact, For Sale By Owner.com is one of the top-five most visited real estate web sites in the U.S. getting literally millions of visitors looking to buy or sell a home. We spend tens of thousands of dollars a month to assure that For Sale By Owner.com is prominently placed on Internet search engines so buyers can easily find our site throughout process of selling your home. If your home is in a market where For Sale By Owner.com has a mass-distributed magazine, your home's exposure will be even greater because they can be found at thousands of locations frequented by buyers that include grocery stores, shopping centers, convenience stores and restaurants (the magazine is in over 40 markets nationwide). Writing your sell ad While For Sale By Owner.com allows you a 3,000 word description of your house (try to afford that in a newspaper ad), your advertising copy should be thorough yet short, simple and to-the-point. Long, flowery prose will not make your house sound more appealing. It will simply make it harder for the home buyer to read. Make sure to provide the critical facts buyers are looking for such as the house's number of bathrooms, a re-modeled kitchen, etc. Most home buyers quickly scan ads, so it is important that your house stands out. For example, you may want to add a theme-line such as "Priced below market" or "Great schools." Stay away from industry jargon and use language that makes home buyers comfortable. Survey our web site and see how others have written their ads. You will quickly see which are "buyer friendly." Copy their approach for your ad. Home Photos: Yes, a picture is worth a thousand words If you are taking a photo of your home, be sure that the home's yard/driveway is uncluttered. Remove bikes, garbage cans and parked cars. The same applies for interior shots. People are looking to buy your house, not your possessions. Think of furniture as props and the room a stage. Move things around if you have to. Also, take lots of house photos. Film is cheap...your home deserves quality. The more you shoot, the better the odds are that you'll get a few really good shots. Lawn signs Lawn signs are one the most important marketing tools for home sellers. They attract attention to your home. Professionally-produced signs (like the ones we can send to you) telegraph to home buyers a "quality" image of your house. Directional signs also help drive buyers to your property, especially if you do not live on a busy street. Open houses Open houses are sometimes a good way to attract buyers to your home. Typically, real estate agents conduct open houses for two reasons; 1. Clients expect them 2. They are a good way to attract buyers, not just for the open house but for all houses for sale in the Real Estate Agent's area (yes, your competition). The fact is that very few houses sell due to a open house itself. Home Brochures/Information sheets It is a good idea to create an information sheet (with a photo) about your home to give potential buyers. Consider printing copies of your ad from For Sale By Owner.com to give to people who visit your home. The MLS The MLS or Multiple Listing Service can also help market your home, particularly to real estate agents who may know of buyers seeking a property like yours. The MLS is a directory used by real estate agents to announce to other agents that they have a home for sale. In many selling markets, For Sale By Owner.com can put your house on the MLS (for an additional fee). However, if a real estate agent finds you a buyer after seeing your home on the MLS, you must usually pay that agent a 2.5% to 3% commission (the law states that all commissions are negotiable, however). You are your home's best salesman As every salesman knows, to be effective you have to really know your product. And who knows your home better than you? Certainly not a real estate agent, who, in all likelihood, has spent only a few moments in your house before showing it to prospective buyers. Sell your neighborhood as well as your house. Show enthusiasm, but don't get caught-up talking too much about how "your daughter spent the best years of her life in this very room." Step 5. Negotiating an offer on your home When a home buyer makes an offer (this is often presented to you directly from the buyer or through their lawyer), you should consult with your attorney. Buyers and sellers have an Attorney Review Period, which is usually three days, to cancel or amend the offer. The offer becomes a contract at the end of the Attorney Review Period, and is binding. Many of your home's offers can be complicated and contain special clauses that favor the buyer. Purchase price isn't everything. Carefully consider the purchase contract's other terms and conditions. Too many contingencies can leave loopholes and cause a deal to collapse. Especially avoid contingencies that favor the house's buyer, such as linking the escrow closing date to the buyer's sale of their current home. If the buyer insists on such terms, include a so-called kick-out clause in the contract that will allow you to consider other offers if the buyer isn't able to sell within a certain period of time. Assess your buyer's financial qualifications Is the buyer pre-approved? How much of a loan is the buyer seeking? Unless you are in an active market, lenders tend to shy away from underwriting a deal in which the purchase price is higher than the nearest comparable sale and the buyer is putting less than 10% down. If this is the case, your buyer may not be able to obtain financing. Know the home selling market How you judge an offer also can depend on market conditions. If the selling market is slow, you may feel vulnerable, especially if circumstances are pressing you to sell. Make sure any offer you accept does not keep you in escrow longer than 30 days. In a hot market where multiple offers are likely, be wary of countering more than one offer at a time (you could end up in legal trouble if two buyers both accept your counter offer). Also be wary of offers that promise more money but contain poor contract terms (long escrow, multiple contingencies, etc.). If you feel the home's offer is insufficient, make a counter offer. Rarely is a first offer the buyer's absolute highest price they are willing to pay. Negotiating is part of the home selling process. Again, your lawyer should review the details of all offers. Step 6. Home inspections All standard real estate contracts are going to give the prospective home buyer the right to inspect your property - so be prepared. Under a general inspection you are obligated to make major repairs to appliances, plumbing, septic, electrical and heating systems - or the buyer may cancel the offer. The inspection will also include your property's roof, as well as a termite inspection (in some states, house sellers must provide proof that the home is termite free). If you are concerned about how your home will fair when inspected, you may want to visit your local inspector . They can conduct an inspection for you before a potential buyer has one done. This way, you can address the problems before a buyer stumbles upon them. Once the inspections are complete, the buyer makes an application to a mortgage lender. Step 7. Buyer appraisals and other details The mortgage lender will order an appraisal of your home to make sure they are not paying more than the house is worth. They may also order a surveyor to make sure that the property boundaries are properly laid out. They will also order a title search to determine if there are any liens against your property. These tasks are all the responsibility of the buyer and/or their attorney. At this point too, the mortgage company will issue a commitment . Again, the buyer (and their attorney) must complete all conditions listed on the mortgage commitment. Prior to closing, you should notify your lender that you will be paying off your mortgage. After a closing date has been agreed to, you should contact your utility providers and advise them of your final billing date. Step 8. Closing The day of the closing , the home's buyer will do a "walk through" of the property to make sure all agreed repairs are completed and that the home is in the same condition as when the buyer made their offer. If problems arise that this point, the closing can still take place with funds held in escrow to remedy the problem. Closings usually occur 30 - 45 days after you have signed the sales contract. Depending on what state you reside in, you may close with an attorney, or with a title company. At the closing, all monies will be collected, any existing loans or liens will be paid, the deed will be transferred, and insurance will be issued insuring a free and clear title. The home seller will receive the proceeds of their home in one to two business days after the closing. Conclusion This step-by-step home selling guide is a general overview of the process when selling a home. Each state has slightly different laws and customs as they relate to the transaction process. Selling a home yourself can be time consuming, but the financial rewards can be tremendous. With help from For Sale By Owner.com , we try to make the process of home selling on your own as easy as possible. For Sale By Owner.com Your experts in selling a home on your own. -- Privacy & Disclaimer Partner With Us Career Opportunities Press Room Contact Us Buying A Home Your Credit Report Terms and Conditions Home Selling Tips Selling Your Home © 1997-2005 For Sale By Owner.com Your source for selling a home on your own. We make the home selling process a cinch. Sell real estate, sell a home, and sell your house, fsbo. Real estate selling, home selling, house selling. Site Map Home

home equity. Why? Certain

Home Equity Scams: Borrowers Beware! Home Equity Loans : Borrowers Beware! D o you own your home? If so, it's likely to be your greatest single asset. Unfortunately, if you agree to a loan that's based on the equity you have in your home, you may be putting your most valuable asset at risk. Homeowners-particularly elderly, minority and those with low incomes or poor credit-should be careful when borrowing money based on their home equity. Why? Certain abusive or exploitative lenders target these borrowers, who unwittingly may be putting their home on the line. Abusive lending practices range from equity stripping and loan flipping to hiding loan terms and packing a loan with extra charges. The Federal Trade Commission urges you to be aware of these loan practices to avoid losing your home. The Practices Equity Stripping You need money. You don't have much income coming in each month. You have built up equity in your home. A lender tells you that you could get a loan, even though you know your income is just not enough to keep up with the monthly payments. The lender encourages you to "pad" your income on your application form to help get the loan approved. This lender may be out to steal the equity you have built up in your home. The lender doesn't care if you can't keep up with the monthly payments. As soon as you don't, the lender will foreclose-taking your home and stripping you of the equity you have spent years building. If you take out a loan but don't have enough income to make the monthly payments, you are being set up. You probably will lose your home. Hidden Loan Terms: The Balloon Payment You've fallen behind in your mortgage payments and may face foreclosure. Another lender offers to save you from foreclosure by refinancing your mortgage and lowering your monthly payments. Look carefully at the loan terms. The payments may be lower because the lender is offering a loan on which you repay only the interest each month. At the end of the loan term, the principal-that is, the entire amount that you borrowed-is due in one lump sum called a balloon payment. If you can't make the balloon payment or refinance, you face foreclosure and the loss of your home. Loan Flipping Suppose you've had your mortgage for years. The interest rate is low and the monthly payments fit nicely into your budget, but you could use some extra money. A lender calls to talk about refinancing, and using the availability of extra cash as bait, claims it's time the equity in your home started "working" for you. You agree to refinance your loan. After you've made a few payments on the loan, the lender calls to offer you a bigger loan for, say, a vacation. If you accept the offer, the lender refinances your original loan and then lends you additional money. In this practice-often called "flipping"-the lender charges you high points and fees each time you refinance, and may increase your interest rate as well. If the loan has a prepayment penalty, you will have to pay that penalty each time you take out a new loan. You now have some extra money and a lot more debt, stretched out over a longer time. The extra cash you receive may be less than the additional costs and fees you were charged for the refinancing. And what's worse, you are now paying interest on those extra fees charged in each refinancing. Long story short? With each refinancing, you've increased your debt and probably are paying a very high price for some extra cash. After a while, if you get in over your head and can't pay, you could lose your home. The "Home Improvement" Loan A contractor calls or knocks on your door and offers to install a new roof or remodel your kitchen at a price that sounds reasonable. You tell him you're interested, but can't afford it. He tells you it's no problem-he can arrange financing through a lender he knows. You agree to the project, and the contractor begins work. At some point after the contractor begins, you are asked to sign a lot of papers. The papers may be blank or the lender may rush you to sign before you have time to read what you've been given. The contractor threatens to leave the work on your house unfinished if you don't sign. You sign the papers. Only later, you realize that the papers you signed are a home equity loan. The interest rate, points and fees seem very high. To make matters worse, the work on your home isn't done right or hasn't been completed, and the contractor, who may have been paid by the lender, has little interest in completing the work to your satisfaction. Credit Insurance Packing You've just agreed to a mortgage on terms you think you can afford. At closing, the lender gives you papers to sign that include charges for credit insurance or other "benefits" that you did not ask for and do not want. The lender hopes you don't notice this, and that you just sign the loan papers where you are asked to sign. The lender doesn't explain exactly how much extra money this will cost you each month on your loan. If you do notice, you're afraid that if you ask questions or object, you might not get the loan. The lender may tell you that this insurance comes with the loan, making you think that it comes at no additional cost. Or, if you object, the lender may even tell you that if you want the loan without the insurance, the loan papers will have to be rewritten, that it could take several days, and that the manager may reconsider the loan altogether. If you agree to buy the insurance, you really are paying extra for the loan by buying a product you may not want or need. Mortgage Servicing Abuses After you get a mortgage, you receive a letter from your lender saying that your monthly payments will be higher than you expected. The lender says that your payments include escrow for taxes and insurance even though you arranged to pay those items yourself with the lender's okay. Later, a message from the lender says you are being charged late fees. But you know your payments were on time. Or, you may receive a message saying that you failed to maintain required property insurance and the lender is buying more costly insurance at your expense. Other charges that you don't understand-like legal fees-are added to the amount you owe, increasing your monthly payments or the amount you owe at the end of the loan term. The lender doesn't provide you with an accurate or complete account of these charges. You ask for a payoff statement to refinance with another lender and receive a statement that's inaccurate or incomplete. The lender's actions make it almost impossible to determine how much you've paid or how much you owe. You may pay more than you owe. Signing Over Your Deed If you are having trouble paying your mortgage and the lender has threatened to foreclose and take your home, you may feel desperate. Another "lender" may contact you with an offer to help you find new financing. Before he can help you, he asks you to deed your property to him, claiming that it's a temporary measure to prevent foreclosure. The promised refinancing that would let you save your home never comes through. Once the lender has the deed to your property, he starts to treat it as his own. He may borrow against it (for his benefit, not yours) or even sell it to someone else. Because you don't own the home any more, you won't get any money when the property is sold. The lender will treat you as a tenant and your mortgage payments as rent. If your "rent" payments are late, you can be evicted from your home. Protecting Yourself You can protect yourself against losing your home to inappropriate lending practices. Here's how: Don't: Agree to a home equity loan if you don't have enough income to make the monthly payments. Sign any document you haven't read or any document that has blank spaces to be filled in after you sign. Let anyone pressure you into signing any document. Agree to a loan that includes credit insurance or extra products you don't want. Let the promise of extra cash or lower monthly payments get in the way of your good judgment about whether the cost you will pay for the loan is really worth it. Deed your property to anyone. First consult an attorney, a knowledgeable family member, or someone else you trust. Do: Ask specifically if credit insurance is required as a condition of the loan. If it isn't, and a charge is included in your loan and you don't want the insurance, ask that the charge be removed from the loan documents. If you want the added security of credit insurance, shop around for the best rates. Keep careful records of what you've paid, including billing statements and canceled checks. Challenge any charge you think is inaccurate. Check contractors' references when it is time to have work done in your home. Get more than one estimate. Read all items carefully. If you need an explanation of any terms or conditions, talk to someone you can trust, such as a knowledgeable family member or an attorney. Consider all the costs of financing before you agree to a loan. For More Information The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint or to get free information on consumer issues , visit www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft and other fraud-related complaints into Consumer Sentinel , a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad. FEDERAL TRADE COMMISSION FOR THE CONSUMER 1-877-FTC-HELP www.ftc.gov April 1998

Land Loans Lending Area

Real Estate Loan main page Home | Search | Sitemap | Contact Us | Your Privacy | Reorder Checks Credit Cards | Account Aggregation | Mortgages | Buy Stocks | Online Banking About Us Join Us Save with Us Borrow from Us Invest/Insure with Us Your Rates Your Tools Your Business Borrow from Us Auto Loans Consumer Loans Credit Cards Real Estate Loans Apply now Rates 80/10/10 Mortgages Adjustable Rate Mortgages Construction Mortgages Fixed Rate Mortgages Flexible Mortgages Home Equity Line Of Credit Land Loans Lending Area Refinancing Zero Down Mortgages Payment Protection Whether you are buying a new home or you've decided to remodel, as a member of Redstone Federal Credit Union, you have access to many different low annual percentage rate loans and refinancing options. At RFCU, we provide you with the financial resources you'll need and the personal service you've come to expect. Take a look and please feel free to contact our Real Estate Department for more information. We'll be happy to help you decide what type of loan will work best for your particular needs. Real Estate Lending Area Click here to locate the geographic area that our real estate lending area covers. 80/10/10 Mortgages A great way to finance your new real estate purchase and have cash on hand to make improvements, renovations, or add that personal touch. Learn more.. Adjustable Rate Mortgages With our Adjustable Rate Mortgages, you can reap the benefits of our low interest rates. Learn more... Apply Now Construction Mortgages Ready to build on your dream property? Here's the best way to make it happen. Learn more... Fixed Rate Mortgages Sometimes change is good. When interest rates go up, well, let's just say you'll wish you had a Fixed Rate Mortgage with RFCU. Learn more... Apply Now Flexible Mortgages When a low down payment is what you need, we offer two types of Flexible Mortgages. Learn more... Home Equity Line Of Credit (HELOC) Hey, it's your money, put it to good use with a HELOC. Learn more... Land Loans It's a buyers market and we provide you with options of how to acquire the perfect land to call your very own. Learn more... Refinancing Are rates lower today than when you first purchased? If so, you may consider refinancing. Learn more... Apply Now Zero Down Payment Mortgages Need your cash for something other than a down payment? With our Zero Down Payment Mortgage, it's possible! Learn more..

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