Issue: #4

June, 2008

In This Issue

VOLATILE RATES MAKE LOCKING A MUST

Jack Guttentag
Founder, Upfront Mortgage Broker's Association


One of the unpleasant features of the mortgage crisis has been heightened volatility in the prices faced by borrowers. For example, the wholesale rate on 30-year fixed-rate conforming mortgages rose from 5.23 percent on February 6 to 6.16 percent on February 26, dropped to 5.65 percent on March 3, rose to 6.23 percent March 6, dropped to 5.38 percent March 20, and rose to 5.812 percent April 2. These numbers are drawn from the wholesale price data shown daily on my Web site.

Increased price volatility invariably means an influx of letters from borrowers on lock problems. The lock is a mutual agreement by the lender and the borrower that their transaction will be at a specified price. Looking ahead, both are protected -- the borrower against a rise in rate, and the lender against a decline.

Broadly, my letters from borrowers fall into two groups. One group locked when the rate was high, and now that it is lower they ask any or all of the following questions: are they committed ethically (yes); how can they get out of the commitment (by relinquishing any fees they have already paid); and can they induce the lender who locked their rate to reduce it (no)?

The second and much smaller group locked when the rate was low, now it is higher and the lender has refused to honor its commitment. Or so they have been told by their broker. In most such cases, the broker is the true culprit (see below).

Usually, lenders stand by their locks, because their reputation is at stake. Further, walking away from a lock antagonizes the loan officer or broker involved in the deal, who will be shut out of their commission if the loan doesn't close. Lenders do renege on occasion, usually when many deals, a lot of money, and perhaps the firm's solvency are at stake, but it is man-bites-dog news.

When borrowers renege, in contrast, it is dog-bites-man. A pervasive attitude is that the lender should stand by the lock if rates increase, but borrowers should be free to look elsewhere if rates decrease.

To some degree, lenders are responsible for this. Because they fear losing business, they don't press borrowers to recognize that they are committed by a lock, and they don't much penalize borrowers who walk away when rates decline. Usually, the borrower will lose no more than $500, the cost of an appraisal and credit report, which is not much of a deterrent if the rate drops significantly after the lock.

Mortgage brokers can play Dr. Jekyll or Mr. Hyde in the locking process. Dr. Jekyll explains the lock process to the borrower, including the borrower's obligation. Dr. Jekyll never tries to forecast interest rates, always advising the borrower to lock ASAP. And Dr. Jekyll passes through the lock statement as soon as it is received from the lender.

Dr. Jekyll also uses his experience and judgment to advise the borrower on how long the lock period should be. The borrower doesn't want a longer lock period than is needed because each 15-day extension raises the price. On the other hand, if the deal doesn't close within the lock period, all protection against a rate increase is lost. Dr. Jekyll explains the cost and risk of a longer versus a shorter lock period, but leaves the final decision to the borrower.

Mr. Hyde, in contrast, likes to play games that may increase his fee. In contrast to Dr. Jekyll, who charges a set fee for his services and passes through the price from the lender, Mr. Hyde's fee is unstated and expansible. He has an incentive to select the shortest possible lock period because the price saving will go to him rather than the borrower. If the borrower loses the lock because the loan doesn't get closed in that period, Mr. Hyde will blame the lender, Realtor, or someone else.

The worst game played by Mr. Hyde is telling the borrower the loan is locked when it isn't. If rates go down, Mr. Hyde can get a better price than the one promised to the borrower. The benefit may be shared with the borrower on a refinance, but on a purchase where the borrower is committed, Mr. Hyde will keep it all.

If rates go up, Mr. Hyde has an array of excuses for losing the lock, most of which involve blaming the lender. That's why borrowers should accept no excuses for not being provided with the lock statement from the lender.

Another game that Mr. Hyde plays is to offer to lock with one lender as protection against a rate increase, while applying to a second lender, without locking, in case rates drop. This makes an attractive pitch to the borrower, but don't buy it. Brokers who play this game are scamming their lenders, and they will find a way to scam you as well.

The writer is professor of finance emeritus at the Wharton School of the University of Pennsylvania. Comments and questions can be left at www.mtgprofessor.com.

Copyright 2008 Jack Guttentag
Loan Type Interest Rate APR
5/1 ARM 5.250% 5.367%
7/1 ARM 5.500% 5.600%
15-yr Fixed 5.500% 5.730%
30-yr Fixed 5.875% 6.003%

Rates are current as of 5-30-08, and are based upon a conforming loan amount, 740+ credit, full documentation, and a loan-to-value of 80% or less.

Click here for a custom rate quote

Upcoming Events & Economic Reports

Helpful Links

FHA LOANS- AFFORDABILITY SOLUTIONS FOR FIRST-TIME HOMEBUYERS

Jared Martin
President, CEO, GOTeHomeLoans & GOTeHomes


“FHA” and “First Time Homebuyers” are real buzzwords as far as home buying is concerned…especially when those terms are used in combination. Many readers I’m sure have heard the “FHA loans are great for first time homebuyers” street talk, but without detailed, supporting information as to why.

The intent of this article is to quantify the features of the FHA loan, both good and bad, and discuss the circumstances under which it’s a beneficial program to the homebuyer (either first, second, or third time homebuyer).

First, FHA stands for Federal Housing Authority, and though the phrase “FHA loan” implies otherwise, the FHA does not lend money. Rather, the FHA insures the loan. The money still comes from the lender selected by the borrower, but the FHA now provides an insurance policy to protect the lender in the event of borrower default. With this insurance, the lender has less risk, and so guidelines are less restrictive than with conventional financing.

The reader should be aware that FHA is completely different from Fannie Mae and Freddie Mac (otherwise known as GSEs, or “Government Sponsored Entities”). There has been a lot of buzz recently about Fannie and Freddie, but these entities, and the associated loans, are completely different than the FHA.

Recent events in the credit markets have made the FHA loan a true affordability solution for buyers. In fact, it is this author’s opinion that without the availability of the FHA loan, there would be very few people buying houses these days.

In mid-December of last year, a report began circulating amongst all the direct lenders citing “counties of declining market value” throughout the country. This report placed counties in one of 3 categories: 1) par (little or no depreciation in home values), 2) soft (significant depreciation), or 3) distressed (extreme depreciation). Since that time, the report, and the consequence to lending guidelines, has been revised and updated.

Where things currently stand is that lenders mandate a 5% LTV reduction for soft market, and a 10% LTV reduction for distressed markets. LTV stands for “loan-to-value”, and refers to the maximum amount of financing (as a ratio to the sales price) the lender will allow. So, for example, if a loan program in a “par” market allowed 90% financing, that same loan program in a distressed market would only allow 80% financing.

Since most counties in major metropolitan areas are on this list, hefty down payment requirements are placed on borrowers purchasing homes in these areas. On average, this means 10% down payment requirements in par markets, 15% down payment requirements in soft markets, and 20% down payment requirements in distressed markets.

But this is where FHA loans provide a saving grace. FHA loans are not subject to this “LTV reduction”. Rather, it is only the non-government loan programs (ie Fannie Mae and Freddie Mac) subject to this constraint. Further, FHA loans allow up to 97.75% LTV (so 2.25% down payment). On a $450,000 home in a soft market, this means the borrower only has to put down $10,125 instead of $67,500 on a non-government loan.

The other major benefit of the FHA program is the reduced credit requirements. Whereas non-government loans require credit scores of 700+, the FHA loan accepts credit scores as low as 640.

Is there a catch to all this? Somewhat. The FHA loan carries a mandatory Mortgage Insurance Premium of 1.5% of the loan amount that must be paid at settlement; on a $400,000 loan, 1.5% would be $6,000. This will change to 1.25-2.25%, depending on the borrower’s financial strength, when the new FHA guidelines are released July 14, 2008.

However, even with the 1.5% Mortgage Insurance Premium, the total “down payment” required from the buyer (2.25% + 1.5%= 3.75%) is less than with a non-government program (10% in a best case scenario). True, the additional 1.5% fee is not going towards equity, like a down payment, but the total out-pocket expense is still less.

Another “catch” to the FHA loan is that, assuming the borrower does the 97.75% financing (or at least anything above 78%), the borrower will have to pay Monthly Mortgage Insurance (MMI). MMI is similar to PMI (Private Mortgage Insurance on non-government loans). However, the MMI payment of 0.50% of the loan amount is slightly less than a PMI payment would be for the same loan amount.

But is MMI or PMI really a bad thing? Before January 2007 it was, since it was not tax deductible. But as of January 1, 2007, following the “Tax Relief and Health Care Act of 2006” which President Bush signed into law, mortgage insurance premiums are now tax deductible. Before this time, buyers wanting financing in excess of 80% got a second mortgage to avoid MMI or PMI (and 2nd mortgages, when used for a purchase, are tax deductible). But with the new tax law, the mortgage insurance premium carries the same tax benefit as a second mortgage. Thus MMI can be thought of as a “second mortgage”.

And lastly, another “catch” to the FHA loans is they do take slightly longer to process. The reason is that there is more paperwork, steps, and procedures for the lender to go through then with non-government programs. In total, this means about 10 extra calendar days to the process, so 35-40 days instead of the usual 25-30. What I tell homebuyers making an offer on a home and planning to use FHA financing is to simply request a 40-45 day escrow instead of the usual 30. In this market, with sellers eager to sell, this is never a problem.

And those are the “catches” to the FHA loan, but minor if not insignificant in this author’s opinion. Truly, the only real thorn in the “FHA rose” is the 1.5% Mortgage Insurance Premium. And for borrowers that have the assets to afford a 15%+ down payment, I tell them to use conventional financing, so they can avoid this Mortgage Insurance Premium (and also qualify for a better rate with the larger down payment).

Speaking of rate, the reader may be envisioning a monster rate for the FHA loan. But the rates are in fact quite modest. As of mid-may, wholesale rates on an FHA loan with 97.75% financing (2.25% down) were about 6.00%, compared with 5.625% on a conventional loan with 80% financing.

Thus, with the 15-20% down payment requirements of conventional loans for houses in “areas of declining market value”, FHA loans are a great resource for home buyers unable to afford these large down payments. And since the FHA loan limit has been raised as high as $729,750 in some areas, the applicability is even broader. Yes, there are a few “catches” to the FHA loan, but overall the pros outweigh the cons for the borrower with limited assets.

Copyright 2008 Jared Martin

HOME BUYERS: THERE'S MORE TO PURCHASE OFFER THAN PRICE

Dian Hymer
Realtor, Author


There is more to a home purchase offer than the price. Ideally, the offer, including any counteroffers, should encompass all the terms and conditions that will apply to the purchase transaction.

In some states, attorneys draft purchase offers. In other states, like California, most residential purchase offers are filled out by real estate agents using pre-printed contracts that were drafted by attorneys. In either case, make sure to read the offer and understand it before it's presented to the sellers.

HOUSE HUNTING TIP: A surprising number of buyers don't read the fine print. Instead, they rely on their attorney or real estate agent to make sure the offer reflects their wishes. Don't make this mistake. If possible, ask to see a draft of the offer beforehand so that you have sufficient time to read and digest it.

The purchase offer typically includes contingencies to protect buyers. Common contingencies are for financing, appraisal, inspections and the sale of another property. Contingencies are conditions that must be satisfied for the transaction to move forward.

Contingencies can be written in various ways. For example, an inspection contingency might give the buyer the unilateral right to withdraw from the contract without penalty. Or, it could specify that the buyers give the sellers the opportunity to remedy defects. In the latter case, the buyers' deposit could be at risk if they backed out of the contract without giving the sellers the chance to make repairs.

During the fast-paced seller's market of a few years ago, buyers often made offers without contingencies in order to be competitive. In some cases, lawsuits developed after closing when the buyers discovered defects they were previously unaware of.

While it's preferable to include contingencies, there are times when it may be reasonable to waive a contingency as long as you are aware of the consequences before doing so. For example, recently buyers made an offer in competition on a desirable house in the Oakland Hills of Northern California. They did not include a contingency for the house to appraise for the purchase price.

The appraiser was unable to appraise the house for the agreed-upon price because of a lack of sales in the neighborhood in recent months. Without an appraisal contingency, the buyers could have lost their deposit to the sellers if they backed out because the house appraised a little low.

However, the buyers were aware of the fact that the house might not appraise for the price they agreed to pay. They were willing to increase their down payment to make up the difference. And, the sale went through.

In addition to the price and contingencies, the purchase offer should include such specifics as the deposit amount, the closing date, the date the sellers will deliver possession, any personal property such as a washer or dryer that is included, and any real property such as a light fixture that is excluded from the sale. It is best to be as specific as possible.

The time to tie up any loose ends is before the final contract is signed. Leaving issues to be worked out later can work to your disadvantage. You could find that a previously congenial seller turns cranky if he's asked to pay for defects discovered during your inspections.

For example, let's say that you want to close the transaction and receive possession of your new home on a Friday so that you can move in over the weekend. You are better off specifying a date for closing than you are indicating a closing of a certain number of days from acceptance. If the negotiations take several days, your 30-day closing date could end up falling on a Monday.

THE CLOSING: An uncooperative seller might hold you to this.

Dian Hymer is author of "House Hunting, The Take-Along Workbook for Home Buyers" and "Starting Out, The Complete Home Buyer's Guide," Chronicle Books.

DECK STAINING THAT CAN'T FAIL

Paul Bianchini
Contractor, Author


Q: I have a deck that was built in October 2006. Does it need to be stained this soon? This will be my first deck-staining experience, and I was also wondering what things to be aware of, and if there are any suggestions for easier application, especially on the posts and railings. --Margaret M.

A: Staining a deck offers lots of advantages, and I recommend doing a new deck as soon as the wood has dried and settled in. Yours could be done at any time the weather conditions are appropriate, and should be repeated every couple of years, depending on weather conditions.

A good deck stain will penetrate into the wood, where it offers moisture protection by helping the wood to shed water. This prolongs the life of the wood, and helps prevent splintering and loosening around fasteners. The stain also provides protection from the sun's ultraviolet rays, which also helps prevent drying and fading of the wood. Finally, the stain helps you preserve the original color of the deck, or lets you change, enhance or restore color as desired.

Deck stains are different from the type of wood stain you would use to stain a woodworking project. Look for a name-brand product specifically formulated for exterior deck use. It should have UV protection, water resistance and mildew resistance. You can select from a transparent stain, which is either natural or has relatively subtle wood-tone pigments to enhance the natural look of the wood, or semi-transparent stains that have more pigment.

If you like the look of the wood as is, choose a natural color. If you want to enhance the color a little or if it's started to fade at all, your best bet is to choose a color that matches the type of wood on the deck -- for example, redwood or cedar. Left untreated, most non-pressure-treated woods will fade to a shade of gray, and if you like that color there are deck stains that will emulate that as well.

Before applying the stain, make sure the deck is as clean and dust-free as possible. Do not apply when the wood is too hot to touch comfortably, or if it has rained recently and the deck is still damp. Mix the stain thoroughly in the can, and if you are using more than one can, be sure and intermix the cans to ensure a consistent color.

The stain can be applied with a brush or a roller for the large flat surfaces. For posts and railings, you can use a pump-up garden sprayer (make sure it's a sprayer that will be dedicated to the purpose, so that the stain is never intermingled with pesticides, herbicides, or anything else you might use the sprayer for). The sprayer simplifies the application and you shouldn't have too much overspray, although you do want to be sure and cover landscaping and anything else you don't want the stain to get on. For really large decks, you might consider renting an airless paint sprayer for the entire project.

Complete mixing, application and safety instructions will be on the can, and they can vary between manufacturers so be sure and read them over carefully.

Q: About six years ago, I had my house painted with Valspar paint. Shortly thereafter, I had a humidifier added to my furnace and have kept it at about 40 percent. I noticed yellowish-brown marks running down my walls, especially in the bathrooms and across from air ducts. I called Valspar and was told that some pigments in paint will cause this. Now I want to have my house re-painted and I was wondering if you have heard of this problem. I know the walls will have to be washed first but wonder if a primer should be used. --Pat J.

A: I have not heard of this specific problem, but if Valspar says it could be a problem with the pigment in the paint, I would suggest contacting them again (or contacting the paint store where you purchased the paint) and asking for a product representative to come out to your home and analyze the situation. This is a free service, and should be very helpful in determining the exact cause of the problem.

I would definitely agree that the walls need to be washed first, and a stain-blocking primer will be helpful in covering the streaks prior to repainting, and will also help the finish coat adhere better. However, if there is an underlying problem that is preventing the first coat of paint from adhering to the walls, then primer won't help. You need to get to the root of the problem first, and that's where the product rep will definitely help.

Remodeling and repair questions? E-mail Paul at paul2887@ykwc.net.