Want a Mortgage? It’s Not Enough to Just Confess Your Sins!

Lenders will discover that you had a foreclosure – that you had student loan late fees – that you defaulted on your car loan – that you already sold the asset claimed on your loan application – that you were arrested several years ago – that you neglected to meet your child support obligations, etc.

It either comes out on your credit report or through the lender’s use of fraudguard security checks – or even when they just Google your name. Lenders have these and several other extensive background checks and “Know Your Customer (KYC)” procedures that they carefully follow.

If you don’t immediately disclose your Deed-in-Lieu of Foreclosure, do you really think they will believe you are providing them with all details on everything else for which they ask?

You will generally always need to write a Letter of Explanation (“LOX”) to address collection accounts and disputes/inquiries on your credit report. And what if your explanation is solely factual and not remorseful?

As useless as sentimentality might appear in the finance world, lenders want to look into your consciousness – otherwise they have nothing to support the notion that you will do everything you can to prevent another late mortgage payment or foreclosure. The parties recommending your loan need your cooperation in order to support you – because they only have their reputations if something goes wrong with your loan. If they have to work hard for someone who has been concealing the facts (intentionally or unintentionally), they are likely to move on to the next file.

A Key Question For Your Real Estate Agent

Does the Seller truly have the authority to sell the property to me?

Sounds pretty basic, but your real estate agent may not have asked the question. If they have, they probably took the word of the listing agent that there “shouldn’t be a problem”.

One of the biggest red flags is having a Seller who is a trustee. Not only should you quickly confirm that the declaration of trust, or trust agreement, exists and is fully executed (by all appropriate parties), but that the agreement hasn’t expired or been revoked. Without such confirmation, a whole host of issues could arise that might cast a shadow on whether you or your lender will receive clean title. And, by the way, the Seller’s name on the title report needs to match the owner of record on both the chain of title and appraisal.

Worst Case? Your lender will decline the loan based on an unacceptable title report, and you will have wasted untold amounts of time and money on a property that was just never going to close.

Best Case? Your closing will be delayed until the title company, escrow agent, attorneys, and lender can sort things out.

Finally, you might be surprised to find out later that your Seller would have been happy to provide you with certain documents you needed to satisfy yourself or your lender. All you needed to do was ask for a:

• Survey
• Owners policy of title insurance
• Statement showing annual premiums for homeowners or flood insurance
• Recent roof or wind mitigation report

Tip the Scales in Your Favor: To Ensure Loan Approval

Your lender will eventually sell the loan they advance to you – it’s pretty much a given. They will do everything they can to “check the boxes” prior to approving your loan in order to make sure that either Fannie Mae will buy your loan, or that FHA will insure against the loss of principal.

Let’s say you just squeaked by with a Debt-To-Income Ratio of 43% (maximum percentage allowed under a Qualified Mortgage). Or, maybe your credit score just barely meets the lender’s minimum 620 requirement. Perhaps your income reduced over last year, and you know that the average earnings to support your loan will be tight.

If the decision is too close to call, your loan will be declined – that’s just the way it is today. So here are some discretionary “Compensating Factors” that can help to persuade the underwriter to stamp “approved” on your loan application:

• Avoid “payment shock” – i.e., when your proposed monthly mortgage payments are more than the current rent you pay (make sure you can verify the last 12 cancelled rent checks)
• Maintain 2-3 credit cards paid “as agreed”, at balances that are well below your total authorized amount (and don’t cancel your unused credit cards – the older they are the better)
• Come up with more than the minimum down payment (and demonstrate how you have been able to comfortably save your money – evidencing that you are prudent with your finances)
• Don’t change jobs too much – unless your income improves (especially with commission earnings)

OOPS: I Bought My Rental Property in an LLC…

If you own title to a residential rental property via an LLC (“limited liability company”), then you better have owned this asset for at least 24 months and reported it on Schedule E of your 1040 tax return – otherwise you will have a tough time utilizing the income from this property to qualify for a loan.  Without the 24-month seasoning period, there is a good chance the net rental income cannot be used in calculating your Debt-to-Income ratio (DTI) unless you elect to transfer title from the LLC to your individual name.

Now don’t rush out and transfer the ownership from the LLC to yourself personally without first consulting with your accountant and lawyer – especially because of the potential tax ramifications and liability risks.  But you won’t get conventional residential financing for your LLC rental property, because the lender will treat it as if it were a commercial property (which means lower LTV requirements and higher pricing – even if you personally guarantee the loan).

On the other hand, if title is in your name, then typically 100% of the income and expenses on Schedule E can be used to calculate your DTI – without having to comply with the 24-month rule.  In addition, if the property is so new that it has not yet been reported on your previous tax return, then some lenders will allow you to use 75% of the revenue (confirmed via the lease) less PITI, with only 75% used to account for other standard expenses you will incur.

Declined Again? Don’t Give Up!

It’s been two weeks since your lender told you: “Your loan approval is coming any day now”. Guess what – you have a problem!

Yet you were told your credit score is acceptable, your debt-to-income ratio is comfortably below 43%, and your savings will satisfy the down payment, reserve and closing cost requirements…

Well, unfortunately it didn’t register with your lending officer that you are renting the home you are buying, and that in lieu of rent you are paying for utilities and capital improvements (plus you paid cash for almost all of your housing expenses, and do not have much of a checking account paper trail). And, by the way, the landlord is in default with her lender who is about to foreclose on the home you want to purchase! [Yes, this is a real example]

Without proper explanation, the ultimate buyer of your loan (Fannie Mae) would most definitely conclude that you do not have an arm’s length or independent relationship with your landlord. More importantly, this loan will require too much effort for most lenders, especially if you do not have an established working relationship with them.

By: (i) properly and clearly documenting your receipts, (ii) demonstrating the legality and reasonability of your tenancy, (iii) evidencing proof of your residency, and (iv) ensuring you have an adequate letter of explanation acknowledged by yourself and your landlord, you should be able to get the loan – and avoid having to move your family elsewhere.

The Art of Investing (Part 2)

Art Espinoza recently asked me to return to his radio show entitled “The Art of Investing”.  Art is a respected financial advisor and wealth manager with offices in Vero Beach, Florida and Brookfield, Wisconsin, and his show airs every Saturday at 9:30 am on WAXE 107.9FM and 1370AM, or on iHeart Radio.

Recently Overheard at Dinner Parties…

“I got caught in the housing crisis, so I’m not going to buy now unless it is a steal”
[Reality: They can’t afford to buy anything, and most of the low hanging fruit is gone anyway]

“I’m downsizing because I don’t need the space”
[Reality: Their income is not close to what it was, and their association fees are killing them]

“I’m nervous because interest rates have been so volatile”
[Reality: They lost most of their equity in 2008-09 and are scared to death of borrowing – even though rates remain at historical lows]

“As soon as we sell our home, we will finance the purchase of a retirement home in Florida”
[Reality: They will use their net proceeds to pay cash for the Florida condo]

Lately, when attending seminars, dinner functions, charity fundraisers, and other networking events, I hear a lot of people in real estate finance say: “It’s crazy busy right now”.  But those are the people I don’t know that well.  They stumble a little when I ask about the number of real estate loans they have closed and funded.  Unless they are focused on helping people who require portfolio loans due to prior events that have detrimentally affected their credit (and there is a lot of this business right now), volumes on conventional financings are way down and banks are shedding staff as a result.

Lending Integrity Seal of Approval

I was recently awarded the Lending Integrity Seal of Approval from the National Association of Mortgage Brokers. This means that I have met the Association’s high standards for ethics, integrity, professionalism and knowledge in the mortgage industry. I couldn’t buy it or receive it just by joining the Association; I had to earn it, and my pledge to you is that I will keep earning it every day.

As a mortgage broker, my job is to present you with a range of loan products so that you can select the one that’s right for you. The success of my business rests upon a foundation of professionalism and service.

To earn the right to display the seal, I had to pass a national criminal background check; to keep it I must attend professional education classes, including ethics training, and adhere to NAMB’s strict Code of Ethics, and best business practices. This sets the highest national standard in the country, and I am proud to have earned it.

I’m very pleased to share this important news with you. I look forward to working with you again when you need to finance or refinance your real estate.

Short Sale? No Problem – Here is Your New Loan!

Wrong! It’s not that easy, especially if you held back funds while the bank permitted the sale of your property for less than the mortgage.  You can’t stiff the lender and then think the next creditor will just turn a blind eye (Obvious Red Flag Alert: Experiencing a short sale, foreclosure or bankruptcy but miraculously still having a 25% down payment right afterwards).

Not only do you need to evidence your “Ability to Repay”, but you also must demonstrate fiscal responsibility.  In order for a lender to sell your mortgage to an investor – usually FNMA (Federal National Mortgage Association), your short sale/bankruptcy must have been concluded at least two (2) years prior to obtaining a new loan.

There are plenty of “portfolio lenders” who can help bridge you through the seasoning period (i.e., lenders electing to hold your loan on their books – rather than selling to FNMA).  However, in exchange for taking the risk that you just might revert to how you treated your former creditor, the new lender will assess an interest rate that will most certainly NOT be at the current attractive conventional or FHA levels.

These “Non-Agency” lenders have different programs:

• some charge upfront fees of 1, 2 or 3% of your loan,
• others have no fees but have a declining scale prepayment penalty schedule,
• pricing may be more focused on your credit score and/or loan-to-value ratio, and
• obtaining a portfolio loan on your permanent residence is tougher than encumbering a rental property!

The Art of Investing

I recently had the pleasure of appearing on a radio show entitled “The Art of Investing”, hosted by Art Espinoza. Having known Art for quite some time in the Vero Beach community along the Treasure Coast of Florida, he asked me to discuss what’s happening in the real estate market, who the primary borrowers of real estate capital are, where I see interest rates going, and a variety of other related topics.

Art has been a respected financial advisor and wealth manager for 28 years, and has offices in Vero Beach, Florida and Brookfield, Wisconsin. His show, “The Art of Investing”, is broadcast every Saturday morning at 9:30 am on WAXE 107.9FM and 1370AM, or on iHeart Radio: http://www.iheart.com/live/WAXE-1079-FM-1370-AM-4788/

Art kindly asked me to make regular appearances on his program, and I look forward to sharing real estate industry dialogue and exchanging topical ideas with listeners in the future.