Category Archives for "Real Estate – General"

Bank Statements Only – No Tax Returns Required!

Do you own your business and maximize your expenses to minimize your taxes?

Who wouldn’t employ this strategy!

Well, a break-even tax return would prevent you from getting a conventional mortgage. But if your business has been open for two years, and you can show reasonably consistent deposits each month – then you might qualify for a mortgage under a bank statement program.

You can be approved for a mortgage based solely on your bank statements – without the lender even needing to see your tax returns. There are programs that will accept as little as three consecutive months of bank statements. The more months you are willing to provide (i.e., 24 months provides the best interest rate), the more comfortable the lender can become with your operations.

The lender will tally your average business deposits, and apply an expense ratio – which could be from: (i) an internal or third-party industry standard, (ii) your external accountant, or (iii) your Profit & Loss Statement that matches your selected bank statement period.

Since your resulting net income figure is used to calculate the mortgage amount for which you could qualify, it is more advantageous to select the current bank statement period that maximizes your business deposits.

Some lenders will:

  • Extend a loan as high as 90% of the purchase price (Required: 680+ FICO, 4 months reserves)
  • Credit you for any positive net cash flow from a rented property that has at least 25% equity
  • Allow you to use a gift for the down payment

Here’s the Point: Don’t pass on obtaining a mortgage just because you think your tax return doesn’t
report enough business earnings.

What Seller Concessions Are Allowed?

Sellers know their bottom-line sales price. But sometimes it pays to incentivize a motivated Buyer – especially if the Buyer has limited liquidity to cover their down payment, closing costs and reserves.

If a Buyer makes an offer contingent on financing AND predicated on the Seller paying for all or a portion of closing costs (i.e., concessions), then the Seller may wait for a better offer. However, if the Buyer’s offer is silent on concessions, the contract may progress to a stage where the Buyer may consider sweetening the purchase price – in exchange for dollar-for-dollar concessions at closing.

A few issues to consider when Seller concessions are involved:

  • The property may not appraise at the increased purchase price
  • The loan amount is likely to increase, thereby potentially making it more difficult for the Buyer to qualify for the mortgage
  • The higher capital gain may have adverse Seller tax ramifications

Lenders refer to Seller Concessions as Interested Party Contributions (IPC’s)IPC’s are generally the responsibility of the Buyer – but paid for by the Seller, and are either “Financing Concessions” (e.g., mortgage closing costs) or “Sales Concessions”. Financing Concessions are expressed as a percentage of the lesser of the appraised value or purchase price, and any costs covered by the Seller that exceed the Financing Concession limits (per the chart below) are deemed Sales Concessions.

chart

Note that lenders deduct all Sales Concessions from the sales price when calculating LTV for underwriting purposes. Therefore, excessive IPC’s could limit the amount of Buyer loan proceeds.

Here’s the Point: Lenders impose limits on certain Seller Concessions (IPC’s), which, if exceeded, may provide pre-qualification challenges for Buyers.

Up Your Credit Score

credit score

LENDER: “We require a minimum 640 FICO score to extend a mortgage. And at 680, you’ll get a better interest rate.”

What they didn’t tell you, is that you could qualify for a conventional or FHA loan with even a 620 score. The declining lender either has an “overlay” (which means their conventional loan risk tolerance is less than other lenders), and/or they just don’t offer FHA loans.

There are many national, reputable wholesale lenders who will underwrite standard FHA mortgages at a 580 credit score – and will even accept a lower credit score if you have at least a 10% down payment.

But – What if you:

  • still don’t quite meet minimum credit score requirements?
  • just missed the next higher FICO score level – which could yield a better interest rate?

For nominal cost, a credit agency can run a sensitivity inquiry to quickly tell you which credit cards need to be paid down and by how much – before a credit bureau increases your score. Once you receive a statement from your creditor evidencing your pay-down, send it to the credit bureaus for a credit score adjustment (but this can easily take 30-60 days).

Alternatively, you could work with a reliable credit agency to expedite this process (usually no more than 5 business days). Under this “Rapid Rescore” process, you are notified once your improved scores are posted, and a new credit report could then be presented to your lender so that you can get on with your mortgage!


Here’s the Point: After paying down a credit card, there are “Rapid Re-Score” programs to arrange for the credit bureaus to adjust your credit score within 5 business days.

Millennials: Thank Your Parents If They Charge You Rent

millennials-paying-rent

LENDER: “Because you live at your parents' place without a lease and without having a prior mortgage, we cannot offer you an acquisition loan.”

If the above statement was the lender’s sole reason for declining your mortgage, then it is in contravention of the General Guidelines for Analyzing Borrower Credit per the U.S. Department of Housing and Urban Development (HUD). According to HUD, the lack of credit history (or a borrower’s decision not to use credit) may not be used as the basis for rejecting a loan application.

However, if, for example, in addition to no housing history:

  • your credit score is low due to prior delinquencies,
  • you are in the middle of negotiating an IRS payment plan for taxes owing,
  • you are self-employed with an inconsistent net income stream, or
  • your credit cards are new and with limited revolving credit availability,

… then you are not likely to get a conventional or FHA loan!

POSSIBLE SOLUTION: You might still be able to get a mortgage approval if you can demonstrate that you have been consistently contributing to household expenses – thereby, in effect, helping with your parents’ mortgage. Although it is always better to make payments by check (to more easily track your contributions), even cash payments can be acceptable support – in the case where your withdrawals can be matched to deposits in your parents’ bank statements.

Other compensating factors include showing that you have a consistent pattern of payments for utilities, vehicles, or insurance.

Here’s the Point: If you do not have any recent rent or mortgage payment history, then you will need to be patient and creative to get a mortgage.

Artificial Intelligence in Mortgage Underwriting

Artificial Intelligence

LENDER: “I’m sorry to say that your loan request has been declined. We just couldn’t get a green light from the software program we use.”

YOU: “So I was declined by a computer?”

LENDER: “Well, sort of. You had several factors working against you including your credit score, some late payments, and the fact that you wanted to minimize your down payment.”


The above exchange actually happens more than you would expect. The explanation, while not very helpful, is actually about the best you will get – because the workings of the algorithms used in this standard mortgage software are unknown to almost everyone in the industry, except those who designed it.

There are two programs used by lenders to qualify their borrowers for conventional or FHA financing: Desktop Underwriter (DU) or Loan Prospector (LP). DU is required by the Federal National Mortgage Association (FNMA or Fannie Mae), and LP is required by the Federal Home Loan Mortgage Corporation (FHLMC or Freddie Mac). And, Fannie Mae and Freddie Mac, government-sponsored enterprises (GSE’s) founded by Congress, are the ultimate buyers of your mortgage. Without getting a green light from one of these programs, your loan may be declined.

Avoid these factors to maximize the probability of getting a DU “Approve/Eligible” or an LP “Accept” finding:

► Loan-to-Value ratio > 80%

► Debt-to-Income Ratio > 43%

► Low Down Payment & Cash Reserves

► New Credit Cards with Low Borrowing Capacity

► Credit Score < 640

► Late Payments/Collections

► Limited History of Mortgage/Rent Payments

► Several Credit Inquiries

Here’s the Point: Without an “Approve/Eligible Finding” from Fannie Mae, you aren’t likely to get a conventional or FHA mortgage – and you may need to call a portfolio or private lender.

Some Lenders Just Don’t Get It

apathy


Jamie Dimon, CEO of JP Morgan, once wrote in a memo to shareholders that: “…mortgages are offered as a benefit to customers, not because it's a sound investment for the bank." In a recent article by CNBC, one-third of consumers surveyed complained about how their mortgage was handled by banks – and two-thirds of the complaints related to how banks handled all loans in general.

The excitement you experience during your first real estate purchase quickly dwindles when your bank demonstrates their apathy.

There are so many ways for banks to make the mortgage experience much less frustrating, yet “quality service” and “follow-up” tend to be forgotten. For example:

  • You were told that your loan application would be reviewed before the end of the week [But then you call your bank for an update and find out the underwriter in charge of approving your loan is out of the office]
  • You compile all back-up support to evidence your income and property insurance [But then you call your bank for an update and find out three of these items have been misplaced, and were never seen by the underwriter]
  • You go to the closing to sign documents and get the keys to your new property [But then you call your bank for an update and find out you need to wait three hours before they approve the documentation and authorize the loan disbursement]

The way some bankers handle mortgages for consumers is certainly not the way they would handle their own mortgage!

Here’s the Point: There are plenty of mortgage lenders who understand the importance of service – just make sure to pick the right one.

Jumbos Can Be A Beach

jumbo beach house

Your wife just fell in love with a beautiful house on Valentine’s Day.

“Honey I will love you forever!”

If your purchase requires a loan amount that exceeds the standard conforming loan limit ($484,350 per the Federal Housing Finance Agency), it will be considered a "jumbo loan", for which special rules may apply.

For example, if you prefer your down payment to be only 10%, your bank statements or retirement savings accounts may need to show additional liquidity in the amount of 12 months PITI (the projected monthly amount of your Principal, Interest, Taxes and Insurance).

And, you will need to address these questions:

  • Is the loan for your primary residence?
    [If not, there will be higher down payment, credit score, and reserve requirements for a second home or investment property]
  • Is your credit score at least 680?
    [If not, you may need to use a private lender, and your interest rate will be higher]
  • Do you have enough reserves?
    [If not, consider structuring a piggyback mortgage – that is, a conventional first mortgage up to the $484,350 maximum limit (so that the higher jumbo loan reserve requirements do not apply), and obtain a Home Equity Line of Credit for the balance]
  • Is your Debt-to-Income ratio below 43% (40% if a 1st Time Homebuyer)?
    [If not, you could increase your down payment (to lower your monthly PITI obligation), pay-off your car loan (to reduce your non-housing debt obligations), or negotiate an interest only structure (to eliminate your principal amortization)]


Here’s the Point: Jumbo loan rules can be discouraging, but there is usually a way to make it work.

Buying Your Uncle’s Partial Property Interest

Florida Vacation Home

You just returned from a fantastic holiday at your family’s Florida vacation home. You have always loved the home, which is owned debt free by your Mother and her Brother (your Uncle). Now your Uncle might like to unload his interest. He wasn’t gripped by your suggestion of gifting his 50% interest to you, and so you need a mortgage to make this work.


Here are some lending options (be sure to consult with legal and tax professionals):

1. PURCHASE

  • Although your Mother wants to keep her interest, she must be removed from title along with your Uncle (so the lender’s mortgage can be secured by 100% of what will become your property)
  • Your Mother could provide you with a “gift of equity” (her 50% interest), and you could obtain a loan for the balance of the purchase price
  • Quit-claiming a 50% interest back to your Mother after closing would be prohibited (although the lender is not likely to audit this after closing)

2. REFINANCE

  • As your Mother will remain on title, she can qualify for a “cash-out refinance”, and you could be added to title at closing (at the same time your Uncle is removed from title)
  • Although borrowers cannot refinance a property until they have owned it for 6 months, this condition is satisfied by your Mother’s prior ownership – but she must be a co-borrower

3. UNCLE LOAN (Fastest/Cheapest)

  • Have him quit-claim his interest to you, and pay him back over time at a reasonable interest rate


Here’s the Point: It is probably easier to avoid a third-party mortgage when buying a family member’s partial property interest.

No Way I Will Be Declined

declined

You went under contract to purchase a property, and then started accumulating the supporting documents to obtain your mortgage.Well, guess what? Your steps should have been reversed! Here are some common excuses for those who figured getting a mortgage would be easy, but then discovered there would be some difficulties:

  • “XYZ Credit Co. said my FICO score was 665, which I knew would be good enough for me to qualify for a mortgage. Plus I could always add my spouse, who has an even higher score than me.” Unless you use https://annualcreditreport.com, or have a licensed mortgage broker or lender pull your tri-merge credit report, 90% of the time the score you receive from your source is likely to be 10-50 points higher than your true score. This could be enough to disqualify you from getting a mortgage. Also, the lender will use the lower score of the two – so your spouse can only help if you need to show additional income.
  • “I had a mortgage before, and I have never had trouble qualifying for a credit card or an auto loan.”Most lenders require that you have at least three (3) separate tradelines, one of which should have been in place for as many as 12 months – with an authorized amount of $1,000 or more. You also need to be the primary card holder, not just an “Authorized User”. And, if your prior mortgage has been repaid, that doesn’t count towards the minimum tradeline requirement.

Here’s the Point:Have your credit score pulled before you start making offers – and make sure it is a tri-merge report from all three credit bureaus.

Mortgage Pitfalls for Self-Employed

Pitfalls

Have the revenues from your business been solid over the past two years? Great! Well that’s not good enough to get a mortgage. Here are two main reasons:

  1. If you have been maximizing expenses in order to minimize your taxes payable, remember that it is the net (after expense) income from your business that is used by a lender to calculate your qualifying ratios
  2. If your projected income in the current year is lower than the income reported in your tax returns over the past two years, a conventional lender may decline your loan request outright

The Federal National Mortgage Association (Fannie Mae) publishes self-employment income guidelines for lenders. To qualify for a mortgage, your self-employed net income should be stable, predictable and “likely to continue”. While having guaranteed, contractual income is not a requirement, lenders carefully analyze the financial strength of your business, your sources of income, and the economic outlook for your industry.

Some suggestions to maximize loan approval probability:

  • Understand how the lender calculates your debt-to-income (DTI) ratio – especially if your most recent tax return shows declining net income
  • Produce a current year Profit and Loss Statement (P&L) showing year-to-date actual figures along with realistic projections for the remainder of the year
  • Show that your company distributes less income than it earns (to demonstrate growing cash reserves)
  • Ensure the new mortgage payment (for which you are applying) is in line with or lower than your current rent or the mortgage payment on your existing loan.

Here’s the Point: Make sure you produce a solid Letter of Explanation (LOE) to your lender that will support the continuity of earnings from your business.

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