December 2014

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Mortgage Loan Modifications and Settlements – Affording Your Home

Over the past several years, the recession has triggered an explosion of mortgage defaults, propelling an unimaginable number of houses into foreclosure. In fact, since 2007, more than 4 million U.S. homes have been foreclosed upon, and the number is expected to continue climbing.
Before a bank can foreclose on a home, its owner must be in default on his or her mortgage payments for a period of 60 days or more. At times, refinancing a home is the primary option. Another one for homeowners facing foreclosure is to attempt to have the terms of the mortgage modified.

Mortgage Loan Modification Makes Homes More Affordable
With mortgage modification, the goal is to convince the lender to renegotiate the agreement in order to make the mortgage payments affordable again. That way, the borrower can remain in his or her home.

The advantage to the lender is that the loan will generate some reimbursement and it will not have to spend the effort, time and money to foreclose. It is estimated that a bank loses an average of $60,000 every time it forecloses on a home.

A loan modification includes one or more of the following :

  •     A reduction in the interest rate, a change in how it is computed, or a conversion from a variable to a fixed rate.
  •     A reduction in the principal. This is sometimes referred to as mortgage settlement.
  •     A reduction of late fees and penalties for nonpayment.
  •     A reduction in the monthly payment.
  •     Forbearance, which allows a homeowner to temporarily stop making payments, temporarily make smaller payments, or extend the time for making payments.

Many times, borrowers are able to work directly with their lenders to modify their mortgage. During the height of the real estate collapse, however, many lenders were unwilling to work with distressed homeowners wishing to modify their loan agreements. In addition, because so many mortgages had been sold, it was often difficult to determine who owned, or was empowered to modify the terms of, a particular mortgage.

Creation of HAMP

In 2009, the U.S. Treasury Department, in collaboration with banks, loan-service providers, credit unions and various federal departments, formed the Home Affordable Modification Program (HAMP). The program’s aim was to get struggling homeowners together with their lenders, in order to renegotiate their loans and prevent foreclosures.

Most conventional loans, including prime, sub-prime and adjustable-rate loans, are eligible for modification under HAMP. Servicers of loans owned or guaranteed by Fannie Mae and Freddie Mac are required to participate; other lenders have a choice. More than 100 major lenders have signed onto the program, which is set to expire in December 2013. By November 2011, 751,000 HAMP modifications had been made, and another 910,000 HAMP modifications had been started.

To apply for a modification under HAMP, a borrower must:

  •     Be the owner-occupant of a one-to-four-unit home.
  •     Be current, at risk of imminent default, behind in mortgage payments, or in foreclosure or bankruptcy.
  •     Have a mortgage that was originated on or before Jan. 1, 2009.
  •     Have a monthly housing payment (including mortgage, taxes, insurance and homeowners association dues) greater than 31 percent of monthly gross income.
  •     Have financial hardship that can be documented.

Participating servicers under HAMP are required to modify all eligible loans to reduce monthly payments to no more than 31 percent of a homeowner’s gross monthly income. To do so, a servicer will reduce the loan’s interest rate to as low as 2 percent and may extend the term of the loan up to 40 years. Finally, a servicer can defer a portion of the principal amount owed, or forgive part of the principal.

Before a loan can be officially modified, the homeowner must make on-time payments over the course of a three-month trial period. Homeowners who qualify for a permanent modification under HAMP are not required to pay a modification fee or pay past-due late fees.

Government Settlement Helps Homeowners

A $25 billion legal settlement between the government, and 49 states and five of the nation’s largest banks is providing more help for struggling homeowners.

The settlement came over charges of systemic and widespread mortgage fraud. The five banks — Ally Financial, Bank of America, Citigroup, JPMorgan Chase and Wells Fargo — handle payments on more than half of the nation’s almost 60 million home loans.
In addition to mandating comprehensive reform measures relating to mortgage servicing practices, terms of the agreement include the following payments from the banks:

  •     $10 billion for reducing principal for borrowers who are delinquent or at imminent risk of default and are underwater (owe more than their homes are worth).
  •     $3 billion for refinancing loans for homeowners current on their mortgages and underwater.
  •     $7 billion for other kinds of assistance, including forbearance of principal for unemployed borrowers, anti-blight programs and short sales.
  •     $1.5 billion for payments to borrowers whose homes were sold or taken in foreclosure between Jan. 1, 2008, and Dec. 31, 2011, and who meet other conditions.
  •     $3.5 billion to repay public funds lost as a result of servicers’ misconduct; and to fund housing counselors, legal aid and other public programs.

According to the settlement, servicers must fulfill their obligations within three years.

Also, the deal only applies to privately held mortgages and not to those owned or guaranteed by mortgage giants Fannie Mae and Freddie Mac, which own about half of the nation’s mortgages.



Al Krulick

Every year, U.S. households pay $3.5 billion in interest for payday loans, with the annual percentage rates ranging from 200 percent to 500 percent. What starts as a short-term loan becomes a long-term debt cycle.


Payday lenders follow a specific business model, target repeat customers (often minorities), charge fees that build over time without offering feasible payment plans, borrow from big banks and function with few regulations.


The ease of the process and the easy access to cash make payday lending appealing to many consumers.
Payday Lenders Prey on the Poor

Payday loans are offered at payday loan stores, check-cashing places, pawn shops and some banks. Payday loan stores are open longer than typical bank hours, allowing easy access to cash regardless of the time of day.

Payday lending requires a borrower to write a check to a lender for the amount of a loan, usually around $300, plus a fee, which will be kept by the lender. The lender agrees to wait to deposit the check until the borrower has received his or her next paycheck. Since most people receive paychecks on a biweekly basis, the typical loan period is two weeks or less.

Once the next paycheck comes in, the borrower may choose to let the check go through, return to the lender and pay in cash, or pay another fee to let the loan roll over to the next pay period. Payday lenders charge fees for bounced checks and can even sue borrowers for bad checks.

The process allows those who have little or no credit to quickly access cash. Lenders do not check borrowers’ credit scores, nor do they report borrowers’ activity to credit bureaus.

Lenders require borrowers to earn at least $1,000 a month and to provide the following :
  •     Home address.
  •     Valid checking account number.
  •     Driver’s license.
  •     Social Security number.
  •     A couple of pay stubs to verify employment, wages and pay dates.

Payday lenders often seek out locations in impoverished and minority neighborhoods.

A typical borrower has one or more of the following characteristics :
  •     Young.
  •     Has children.
  •     High school graduate.
  •     Does not own his or her home.
  •     Relies on Social Security checks.
  •     No access to any other type of credit.

Nearly everyone who visits a payday lender has been there before. It is unusual for a customer to go to a store, pay the two-week fee and then never return. Just 2 percent of payday loans are taken out by single-use customers.

It is estimated that 90 percent of business is generated by borrowers with five or more loans per year, with the average user taking out nine loans per year. Each of these loans charges a fee when it’s taken out and with each rollover.

The Credit Research Center at Georgetown University’s McDonough School of Business notes these common characteristics of payday customers: limited credit availability, history of borrowing from a pawn shop in the last five years, history of filing for bankruptcy in the past five years, or history of making late payments on mortgage or consumer debt in the last year.

Payday lenders also target military personnel. One in five active-duty military personnel were payday borrowers in 2005. But since 2007, the Department of Defense has prevented lenders from requiring a check from borrowers, and the annual percentage rate for military borrowers has been capped at 36 percent.

Some states require payday lenders to be at least a quarter of a mile from each other and 500 feet from homes — similar to the restrictions on sexually oriented businesses.
Payday Lenders Promise a Debt Cycle

Instead of advertising their three-digit interest rates, lenders focus on the price-per-$100 fee, leading customers to believe the equation works in their favor. Lenders typically charge around $15 or more for every $100 loaned. And since payday loans are not often paid off after two weeks, the annual percentage rate (APR) keeps growing and growing.

So an average $200 two-week loan, with $30 in fees, would amount to an APR of 391 percent.

Computing the annual percentage rate (APR) for payday loans can be done in a few simple steps.
  •     Divide the finance charge by the amount of the loan.
  •     Multiply that by 365 (number of days in a year).
  •     Divide that by the term of the loan (typically 14 days).
  •     Then move the decimal two places to the right and add the percent sign.

Research shows that many customers using payday loans are unaware of the high interest rates and focus more on the so-called fees. The Truth in Lending Act of 2000 required that the APR be released on payday loans. Focusing on the fee alone prevents customers from shopping around and comparing APRs that banks and credit unions may offer. For example, many credit cards charge a cash advance fee of 4 or 5 percent, with a 25 percent annual interest rate.

The problem is many customers have maxed out their credit cards or have had to close their credit card accounts.

Customers may utilize payday lenders for emergency services like doctors visits or car problems. If a paycheck does not stretch far enough to cover utilities, rent or other bills, consumers will use payday lenders. The difficulty occurs when the loan is due, because by then it is time to pay the next month’s cycle of bills. So, users are forced to take out another loan to keep up with their regular bills.

The majority of payday borrowers function in this way, either paying a fee to roll over a loan for two more weeks or taking out new loans, immersing them into a dangerous cycle of debt.
Banks and Regulation

This practice of payday lending is not limited to small payday shops, as banks both offer similar programs to accountholders and make loans to the payday lenders themselves. Wells Fargo, U.S. Bank and Fifth Third offer payday loan products with annual interest rates up to 102 percent. Wells Fargo, Bank of America and JPMorgan Chase all lend money to payday lenders. Together, big banks provide $1.5 billion in credit to publicly held payday loan companies.

These banks provide money to lenders at a low interest rate. The banks borrow money from the Federal Reserve at an even lower interest rate. Meanwhile, consumers are faced with three-digit interest rates to pay for food, medical care and car repairs.

Regulating payday lending poses many difficulties, as laws that apply to banks do not apply to payday lenders. The Consumer Federation of America reports that 17 states have laws preventing high-cost lending. States achieve this by prohibiting payday lending or setting interest rate caps.

The U.S. Consumer Financial Protection Bureau, which was created in 2011, oversees payday lenders and other consumer financial services. Consumers can register complaints with this group, as well.

The Center for Responsible Lending Organization recommends these regulations for payday lenders:
  •     Cap interest rates at 36 percent.
  •     Limit the amount of time each year a borrower could be indebted to a payday lender.
  •     Expand access to affordable small-loan products.

Despite recommendations and regulations, payday lenders continue to prosper by taking advantage of impoverished communities. Faced with an emergency situation — or regular monthly bills — many consumers feel like they have little choice but to engage payday lenders — and be trapped by an irrecoverable debt cycle.



Al Krulick


The Department of Veterans Affairs (VA) Home Loan Guaranty program has been providing assistance and other benefits to veterans, active duty service members, reservists, National Guard, and certain surviving spouses, since 1944. Approximately 20 million service members and veterans have taken out VA loans over the last seven decades and nearly 60 percent of veterans who have ever obtained a loan to purchase a home, make home improvements, or refinance a home loan, have taken advantage of a VA loan program at some point.


Under the provisions of the VA Home Loan program, the federal government guarantees loans made by conventional mortgage lenders such as banks, credit unions, etc., after borrowers make their own loan arrangements. The VA then appraises the property and, if satisfied that the borrower is a good risk, guarantees the lender against the loss of a percentage of the loan’s principal, in lieu of a down payment.
VA Home Loan Options

A VA Guaranteed Home Loan can be used to: buy or build a new home; buy a residential condominium or cooperative housing unit; buy a manufactured home and/or lot; repair, alter, or improve a residence owned and occupied by a veteran; install a solar heating or cooling system or other energy-efficient improvements.

A VA loan can cover up to 100 percent of the purchase price of a home. The VA’s maximum guarantee is 25 percent of the loan amount up to $104,250, making the maximum loan in most locations $417,000, (over $1 million in certain areas). Borrowers pay a funding fee to the VA of between 0.5 and 3 percent, with the majority of borrowers charged 2 percent. The fee may be paid in cash or included in the loan amount.

Benefits of the VA Home Loan program :

  •     A guarantee by the VA to repay a percentage of a loan (25-50 percent, depending on the loan amount) in the event a borrower defaults.
  •     The ability of a borrower to purchase a home without a down payment.
  •     Limitations on closing costs.
  •     The ability to waive private mortgage insurance (PMI).
  •     Competitive mortgage rates that are usually lower than prevailing market rates.
  •     Higher allowable debt-to-income ratios.
  •     No prepayment penalties.
  •     The option for sellers to pay all of the veteran’s closing costs as long as the costs do not exceed 6% of the sales price of the home.
  •     Easier credit standards to qualify for a loan.
  •     Special housing adaptation assistance for veterans with certain disabilities.
  •     VA direct home loans are available to eligible Native American veterans who want to buy or build a home on trust lands.

The VA also has several programs for veterans, and active service members and their spouses wishing to refinance a home loan.
The Interest Rate Reduction Refinance Loan (IRRRL), also known as the VA Streamline Refinance, allows qualified veterans to:

  •     Refinance to a lower rate.
  •     Switch from an adjustable rate to a fixed rate loan, or vice versa.
  •     Qualify without having to document assets or income.
  •     Waive an appraisal.
  •     Pay lower, or no, out of pocket closing costs.
  •     Finance energy efficient improvements into the loan.

In 2008, Congress passed the Veterans Benefits Improvement Act, which allows a veteran to utilize up to 100 percent of the appraised value of a home for a VA Cash-out Refinance Loan. The veteran can use the cash for any purpose, including consolidating other debts, paying for a child’s education, taking an extended vacation, etc.

Veterans with debt problems can also get help from a professional debt relief organization with experience in debt settlement and debt consolidation.



Bill Fay

A personal loan is typically issued for a specific amount and can be used for various purposes at the discretion of the borrower. This kind of loan is used for everything from funding an education or financing a new business venture to purchasing luxury items or taking a lavish vacation.
A personal loan can be a secured loan or an unsecured loan. A secured loan uses an asset — such as a house or car — as collateral (or support). If the borrower defaults on the loan, the creditor can take the asset. An unsecured loan does not require collateral and is considered high risk. As such, it has a higher interest rate.
Personal loans have evolved over the years, to meet the changing needs of the consumer. Whereas it used to be nearly impossible to get a personal loan with a limited or bad credit history, today there are loan options for nearly every consumer.

Personal Loan Knowledge

It is important to be familiar with loan terminology when entering into an agreement with a lender to ensure a solid understanding of the information being presented. Below are some financing terms that are commonly used in the personal loan arena :
  •     Credit history: a record of how a consumer has borrowed and repaid debt.
  •     Lender: the entity that makes funds available for borrowing.
  •     Debt: money that is owed from a borrower to a lender.
  •     Asset: an item of ownership that has exchange value.
  •     Collateral: the pledge of an asset to a lender to secure repayment of a loan.
  •     Fair Market Value (FMV): the amount something would sell for in the open market.
  •     Term: period of time between the initial procurement of the loan and the time the loan is to be paid   back in full.
  •     Equity: the difference between the fair market value and the level of indebtedness.
  •     Home equity: the difference between the market value of a home and the outstanding mortgage balance.
  •     Home equity line of credit (HELOC): a type of secondary financing that consists of a revolving line of credit.
  •     Home equity loan: a type of secondary financing that consists of a single loan amount.
  •     Interest: the cost of borrowing money.
  •     Interest rate: percentage of a loan that will be paid back as interest.

Types of Personal Loans

The changes in the economy over recent years have prompted lenders to restructure their standard lending practices, offering a wider array of personal loans to meet the average consumer’s financial needs.

Each type of loan has advantages and disadvantages. Choosing the right type of loan depends on the individual and his or her lifestyle. Borrowers should consider the importance of the desired loan versus current credit standing.

The seven most common types of personal loans are:

    Home Equity Personal Loan: finite amount secured by the equity in your home


PROS
CONS
+ lower interest rate
-must put up home as collateral against loan
+ larger borrowing amounts

+longer payment terms with lower monthly payments

  • Home Equity Line of Credit (HELOC): revolving amount taken as needed and secured by the equity in your home
PROS
CONS
+ only pay interest on amount borrowed
- must put up home as collateral against loan
+ control over how and when you use the money

+ monthly payments may be interest only for a while, making them lower

  • Short-Term Personal Loan: taken when funds are needed urgently
PROS
CONS
+ relatively quick and easy to obtain
- higher interest rate because repayment term is shorter
  • Fast Cash-Advance (or Payday) Loan: taken when funds are needed immediately
PROS
CONS
+ quick and easy to qualify
- short term (about two weeks)

- highest interest rate
  • Military Payday Loan: specific to men and women in the military
PROS
CONS
+ flexible repayment schedule
- variable interest rate
+ credit history carries less weight
- must provide paystubs or proof of employment
  • No Credit/Bad Credit Personal Loan: for consumers with a bad or limited credit history
PROS
CONS
+ credit score has little to no bearing
- high interest rate
+ credit check may not be required

  • Second-Chance Personal Loan: for a financial crisis or personal tragedy
PROS
CONS
+ option of taking the loan as secured or unsecured
- higher interest rate
+ credit history doesn’t hold as much weight
- short term
- strict limits on amount that can be borrowed


Taking Out a Personal Loan

The most common sources for obtaining a personal loan are banks and credit unions. Both have positives and negatives, and it’s up to the borrower to decide which option is best.

It’s important to know the difference between a bank and a credit union. A bank is a for-profit corporation owned by private investors, whereas a credit union is a not-for-profit establishment owned by members of the union. While both are governed by a board of directors, a bank’s board is chosen by the stockholders and a credit union’s board is selected by its members.

Although banks have been a more accessible borrowing option in the past because of the large pools of capital they manage, credit unions are growing in popularity among consumers. Recently credit unions have become competitive with banks, offering lower fees and higher levels of service. In addition, membership in credit unions has become much less restrictive, making them available to a larger and more diverse population.

Personal loans can be a great financial resource if their purpose is well thought out. Understanding the types of loans available, the unique features associated with them, and the terms and agreements are paramount in making educated decisions regarding finances.

When considering a personal loan, consumers must know the facts. Borrowers should be familiar with their credit report so they can decide which personal loan is best for their needs, and which types they will qualify for. Also, it’s important to consider future income changes as they relate to the repayment of the loan.



Al Krulick

Most people today need a loan when they buy a new or used car. And the high cost of many cars means that consumers spend years paying for their vehicles. Because a car loan is such a huge debt for most people, it pays to understand it before entering into an agreement.

Loan ContractLoan contracts come in all kinds of forms and with varied terms, ranging from simple promissory notes between friends and family members to more complex loans like mortgage, auto, payday and student loans.

Banks, credit unions and other people lend money for significant, but necessary items like a car, student loan or home. Other loans, like small business loans and loans from the Department of Veterans Affairs, are only available to select groups of people. And two atypical loans are payday loans and loans from a retirement account.

You may have seen on a sign somewhere or maybe on TV or your computer screen: "No credit, no problem!" Do not believe it. The truth is, when you need to get a loan and you have no credit or bad credit, there must be a problem. This is not an insurmountable, but it is a problem, fixed.

If you are looking to get a home loan, don't get confused with all the "jargons" used within the finance industry. Prepare for your home loan with the checklist of typical questions asked by the lending officers employed by the lenders/credit providers. This checklist is useful when you are looking to :
>> Buy your first home

>> Refinance your existing mortgage

>> Consolidate your debts

>> Upgrade or renovate your home, or

>> Invest in another property

Question - What is the purpose of the credit you are considering?

Your response should be anyone of the following:

>> Purchasing a home to live in

>> Investing in another property

>> Renovating your home

>> Consolidating your debts, or

>> Refinancing your existing mortgage or any other needs

Question - What kind of loan repayment type are you considering?

You should consider your loan repayment options, such as:

Interest-Only repayments - You will only repay the interest on your home loan, and your loan balance will not reduce

Principal and Interest - You will have to repay the interest and principal amount together. It means your loan balance will gradually reduce.

Question - What kind of interest type are you considering?

You need to consider the interest rate type in terms of:

A Fixed Rate home loan - With this type of home loan, your interest rate is set for a fixed period, and your repayments remain the same for the duration of the fixed period, usually between one and five years, or

A Variable Interest Rate home loan - This type of home loan is very popular with first-home buyers who just want a loan product that is simple, easy to manage and offers a number of features and benefits.

Question - Are you concerned with the amount of interest rate percentage being charged?

If you are concerned with the amount of interest rate percentage being charged on your home loan, you can use comparison rates because they are a handy indicator to help you compare loans more easily. An expert finance broker will readily provide you with a number of impartial comparisons to help you when deciding and which a bank aligned lending officer is not willing to provide you.

Question - Are you concerned with interest rate movements (i.e. up or down)?

If you are concerned with the interest rates moving upwards, you should consider a Combination (Split) interest rate loan because it will allow a mixture of security and flexibility. This is how you will pay:

>> A fixed interest rate payment for an agreed portion of your home loan, and

>> A variable interest rate payment on the remaining portion of the home loan.

Question - What kind of features and benefits are you considering with your home loan?

You should make sure you fully understand all the features and benefits available to you, such as:

>> Taking advantage to make unlimited "extra repayments" each month. So, you can pay off your loan faster.

>> Taking advantage of "redraw facilities", so you can withdraw any extra payments you have made on top of your normal repayment amounts, if you need the cash.

>> Taking advantage of "100 percent offset accounts". If you decide to put as much of your spare cash as you can into an offset account, and keep the cash in the offset account for as many days as possible, your home loan repayments will reduce. It is because your savings are bringing down the interest incurred, and ultimately your loan will reduce much faster.

Question - How long do you expect to remain in the credit contract (i.e. your required loan term)?

You need to consider if you expect to sell the security property in a certain time frame, for example:

>> Long-term - over ten years

>> Medium-term - 5 to 10 years, or

>> Short-term - less than five years

Question - What is an Exit Strategy?

An exit strategy is a plan for what will happen with your loan when you retire. The lender/credit provider will need to see that you will be able to afford the repayments without having to sell your property (i.e. selling your house is not seen as being a valid exit strategy).

So, now you have a checklist of questions to help you get organised when getting a home loan or an investment loan. AndScience Articles, you should now be better prepared to make a decision that suits your personal needs and budget.

Construction loans are becoming more popular than ever and many people are choosing to build their new home. So, if you are looking to build your dream home particularly with the continued financial assistance provided by the government with the First Home Owners Grant (FHOG) scheme, it is the best time to do it. But, before you jump on the band wagon and obtain a construction loan, it is important that you understand the loan package in detail.
What is a Construction loan ?

It is a short-term, interim loan for financing the cost of constructing your new dream home. Lenders/credit providers will secure a mortgage over the real estate property you are financing and they will make periodic payments to your builder at periodic intervals as the work progresses.

How is a Construction Loan Funded ?

Lenders/credit providers have different credit policies and requirements that they adopt when processing a loan application. However, most are similar. Here is a list of how lenders/credit providers fund construction loans:

>> Lenders/credit providers will fund the loan amount required by you to cover the cost of purchasing a vacant land and for the building construction costs

>> Before construction starts and if you have already borrowed to purchase vacant land on which you are building your new dream home, the first loan disbursement made by the lender/credit provider will go towards paying off the vacant land

>> Lenders/credit providers will break down the loan amount into "progress payment drawdown" amounts, which are made to the builder at the completion of each construction stage

How is a Construction Loan Structured ?

Construction loan, whilst it is similar to a traditional mortgage, has some key differences. Here is a list of the key features of a construction loan:

>> It is typically a short-term solution with a maximum of one year

>> The borrowers will be expected to pay Interest Only payments during the construction period

>> Interest is only calculated against the portion of the loan amount that has been drawn down

>> Construction of your new home must commence within 12 months of loan settlement

>> Construction of your new home must be completed within 12 months of the first progress drawdown payment

When are Progress Payments Drawn Down ?

Lenders/credit providers will arrange to prepare valuations before progress payments are made to the builder and at the completion of each of the following construction stages:

>> For the purchase of the vacant land

>> After the laying of the flooring

>> After the installation of the roof (including the frames)

>> At lock-up stage, and

>> At the completion stage

What Happens with the Construction Loan at the Completion of the Building Project ?

Upon completion of the building project, your loan will roll over into a standard Principal and Interest home loan.

What Additional Documents are required for Processing a Construction Loan ?

Lenders/credit providers will need to see copies of the following documents, before issuing unconditional approval :

>> Fixed Price Building Contract

>> Council Approved Plans and Specifications

So, don't forget to provide these additional documents along with your financial documents to the lender. If you keep all the paperwork ready, the lender will be able to provide you quick approval on your loan application.

Now that you have understood everything about construction loan in detailPsychology Articles, apply for the loan package and build your new dream home.





Frank Zelasko

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