Regulation Z Disclosure Changes
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Here is an item by item listing of the disclosures pursuant to new changes to Regulation Z, aka “The Truth in Lending Act” and when they are disclosed:
At time of application:
- “Key Questions to Ask About Your Mortgage” pamphlet
- “Fixed vs. Adjustable Rate Mortgages” pamphlet, which would replace the “Consumer Handbook on Adjustable-Rate Mortgages” booklet.
- Revised ARM-loan-program disclosure with terms in a question –and – answer format.
Within three days of application:
- Revised early Truth in Lending Act (TILA) disclosure, which also would be required three days before charging any fees other than those for credit reports.
- New calculations for annual percentage rates and finance charges to be more inclusive of third-party charges.
- Column comparison of interest rates for borrowers with varying credit grades.
- Summary of key loan features, total settlement costs and potential changes to interest rate and monthly payment
Three days before consummation:
- Final TILA disclosure
- Procedures for disclosing loan changes after the final TILA
After consummation, note that the time period for notice of changes to ARM’s is now 60 days, and more-detailed statements are required for payment-option ARMS.
DISSECTING NEW REGULATION Z CHANGES
By · CommentsSince we have entered a new calendar year, when new regulations and laws seem to be enacted or promulgated, I will attempt to give you my understanding of what may be trending as it relates to me as a loan officer. I welcome all comments by my fellow financiers, as well as realtors, brokers, and legislators whom may stumble across my blog. I thank you all ahead of time for your indulgence.
Initially, there seems to be a lot of interest in the “back end” or Yield-spread premium (YSP) compensation, the government holding their opinion, and those of us who believe we should be “comped” for selling a product. The former believe the rest of us are inherently dishonest in disclosing this detail or substandard in our interpretation of it to our borrowers. Although we as loan officers and mortgage brokers must disclose this lender payment to the borrower on the GFE and HUD-1, apparently similar income that goes to lenders isn’t disclosed to the borrower. This actually is a side –affect of new guidelines in RESPA. Therefore, I believe it can be implied, that incidences of this information being “muzzled” would be more likely in transactions where brokers are not involved.
The new Regulation Z rules would prohibit “back end” or yield spread payments to loan brokers and LOs based on either terms or conditions of the loan product. Obviously, steering a borrower into a loan that is not in their best interest to increase our payday is now being codified into the legislation.
These new proposals to the TILA could affect mortgage lending adversely, decreasing the efficacy of small independent mortgage brokers. Subsequently, the resultant loss of these brokers would lessen competition, limit consumer choice, and increase costs for lenders and borrowers.
What Are The Shared Qualities of Top Sellers?
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The Harvard Business School did a study to determine the common characteristics of top salespeople.
The evidence they found is clear that most people can be top sellers if they are willing to study, concentrate and focus on their performance. Here are the attributes the study found in highly successful salespeople:
- Did not take “no” personally and allow it to make them feel like a failure. They have high enough levels of confidence or self-esteem, so that, although they may be disappointed, they aren’t devastated.
- 100% acceptance of responsibility of results. They didn’t blame the economy, the competition, or their company for dips in closings. Instead, the worse things were, the harder they worked to make negatives work to their advantage.
- Above average ambition and desire to succeed. This is a key area because it affected priorities, how they spent their time on and off the job, with whom they associated, etc.
- High levels of empathy. The ability to put themselves in the customer’s shoes, imagine needs and concerns, and respond appropriately was a habit.
- Intensely goal – oriented. Always knowing what they were going after and how much progress they were making kept distractions from side – tracking them.
- Above – average will power and determination. No matter how tempted they were to give up, they persisted toward goals. Self-discipline was a key.
- Impeccably honest with themselves and the customer. No matter what the temptation to fudge, these people resisted and gained ongoing trust of customers.
- Ability to approach strangers even when it’s uncomfortable.
How many did you rate high in? What should you be doing to help yourself? Selling is a great field filled with opportunity. But that opportunity must be utilized… and that takes concentration and focus.
Establishing Credibility
By · CommentsEstablishing Credibility
Louis De Rose, CMC, is a nationally recognized consultant and seminar leader, specializing in industrial marketing and sales. He is also the author of Value Selling (AMACOM). For more information contact De Rose & Associates Inc. 2428 La Costa Avenue, Carlsbad, CA 92009 or call 760-753-0283.
Credibility is largely a function of the salesperson’s performance. It’s the salesperson who sells the promise of value to begin with and who commits his company to supplying it. Hence, it’s understandable that the customer looks to the salesperson when value is not supplied or is in jeopardy. Here are five steps to establishing credibility from the customer’s view.
1. Know your product or service.
Knowledge – or the lack of it – is a critical factor in the customer’s appraisal of performance.
2. Know the customer’s business.
The more salespeople know and understand about their customer’s business, the more credible they become as a seller of value.
3. Give attention to detail.
When the salespeople cost customers additional time and money, their credibility as value-sellers suffers.
4. Provide meaningful information.
When salespeople provide meaningful information, the customers will look to them for recommendations and advice.
5. Follow through after the sale.
Servicing accounts means taking personal responsibility to assure that values sold are in fact supplied.
Reprinted from The Selling Advantage, issue date 3/27/09, by Progressive Business Publications, 370 Technology Drive, Malvern PA 19355. Page 2.
When Realtors or Builders Recommend a Lender
By · CommentsIf your Realtor or builder makes a suggestion for a lender, be sure to talk to that lender. There are several reasons they make recommendations.
One reason Realtors and builders make suggestions is because they want to recommend someone reliable. Reliability is important to you, so that you don’t end up with a horror story to tell. Reliability is also important to the seller, the agents, and everyone involved in your transaction because if the deal doesn’t close, everyone walks away with nothing.
When agents and builders recommend lenders, they often develop a certain amount of “clout” in dealing with those lenders. This can help in a situation where you need to cut through “red tape” and get something done quickly.
When buying a new home, dealing with a recommended lender is often very important. This is because there are a lot of intricacies involved in new homes that do not exist when buying resale. If you ”shop” around to find your own lender, you may end up with someone who quotes a great rate and is great with refinances or resales, but has no experience with new homes. This can lead to problems or delays.
Over the last ten years, real estate companies and builders have built up their own mortgage brokerages.
“Bundled services” like this make sense because it adds another profit center to the company. This is useful because it helps real estate companies to offset higher commission splits with their agents.
In the early days of “bundled services” the loan officers and staff were often sub-par and the quality of service may not have been so great. Things have improved since then. However, because this is “captured business”, sometimes these lenders don’t have as much incentive to offer you great deals or lower rates. All you have to do is let them know you are “shopping rates” and they will probably work toward accommodating you as much as possible.
Never automatically disqualify a recommended lender, but be sure to be asking questions about any relationships between the lending company and your builder or real estate agent’s company. That will help you be more vigilant on getting the best interest rate and the lowest costs. California real estate and business law forbids any party in a real estate transaction, to “steer” potential clients to a lender, builder, or any contractor. Consumers should be given the contact information of at least 3 competing entities so comparisons can be made without the taint of influence.
CONCLUSION
Make sure to do a little shopping for yourself. By knowing the interest rates of the market and making sure your loan officer knows you are looking at rates from other institutions, you can use that as leverage to make sure you are obtaining the best combination of service and lowest rates. All things considered, your focus should also be on the companies which provide you with the best follow-up and customer service.
Short Sale – Buyer & Broker Beware!
By · CommentsShort Sale – Buyer & Broker Beware!
By Walt Harvey
Recently, more short sale properties have come on the market. A short sale is a situation where a property seller needs to sell and the sale proceeds are not sufficient to pay off the existing mortgage. It is an alternative to foreclosure. The term short sale or short pay refers to a process whereby the mortgage company must be included and the seller receives nothing, except debt relief and not having a foreclosure on their credit record.
If you’re a prospective buyer on such a property, beware! The seller may accept your offer, you may invest $1,000 in an appraisal and a property inspection, but you may not get the property because the mortgage company may not agree to reduce their payoff. The mortgage company is the third entity that is not a party to your contract, yet their decision will affect the outcome of the transaction. The mortgage company will review the short sale proposal and closing the sale will depend on their response.
Many short sales fail because the mortgage company representative is unfamiliar with the local market and responds with an unrealistic proposal. When buying a short sale property, don’t expect a quick answer and don’t expect the mortgage company to respond logically. They will seek any additional assets the homeowner may have and they will demand the brokers reduce their commissions. They may demand the seller to sign a personal note to pay back the shortfall. Remember, the mortgage company wants to recover as much of the loan as possible and if the property goes to foreclosure, well that’s another department’s problem.
Additionally, many loans have PMI (Private Mortgage Insurance) that will cover a portion of their loss so the mortgager’s motivation to reach an agreement may be less because they’re covered regardless. You may have to start negotiating with the PMI company, adding additional time to the sale process. Unless you have considerable experience with short sales, foreclosures and working with lenders’ loss mitigation departments, be very cautious in submitting an offer on a property in a short sale situation.
Buyers, ensure that you have an escape provision if the process takes longer than you want or if a more suitable property becomes available.
Brokers, you will have to work two to three times as hard and may never help your client achieve their goals and/or receive appropriate compensation.
Lenders, wake up! Work with buyers and brokers who can ultimately save you money. History shows that a property that goes through the foreclosure process nets less money to the lender than most short sale offers.
MLS Search Nation Wide
By · CommentsMark Richards
Starting July 30, 2009, if the APR on an initial Good Faith Estimate is no longer accurate ( within a 0.125% range ) at close of escrow, a lender must generally provide a residential borrower with a new disclosure and a three – day right to rescind before consummating the loan. REALTORS are forewarned that, because of this new three-day waiting period, a lender’s failure to timely provide corrected disclosures has the potential of delaying funding of the loan and close of escrow.
This new requirement is part of the Mortgage Disclosure Improvement Act (MDIA) implementing new loan procedures to protect borrowers and foster greater transparency in mortgage lending. For loan applications submitted on or after July 30, 2009, the new MDIA changes to the Truth in Lending Act are generally as follows:
- Applicability: The new MDIA rules pertain to federally – related mortgage loans covered under RESPA and secured by a consumer’s dwelling. The rules apply to both purchase and refinance loans.
- Early Disclosures: A lender must provide a borrower with an initial Good Faith Estimate within three business days of receiving the borrower’s written loan application as specified. For this provision, a “business day” is generally defined as day on which the lender’s offices are open for business.
- Upfront Fees Restriction: Neither a lender nor any other person may impose an upfront fee on the borrower (except for credit report) until the borrower has received the early disclosures in person or, if mailed; three business days after the early disclosures are mailed. For this rule, a new “business day” is defined as all calendar days except Sundays and legal public holidays as specified.
- Seven-Day Waiting Period: A lender must wait seven business days after providing the early disclosures before consummating the loan. For purposes of this waiting period, a “business day” is defined as all calendar days except Sundays and federal legal holidays as specified. A borrower may waive the waiting period in writing in case of personal financial emergency, such as an imminent foreclosure sale.
- Re-disclosure Requirement: If the final Annual Percentage Rate (APR) at loan consummation varies more than 0.125% (or 1/8 of one percent) from the initial APR on the early disclosures of a regular transaction, the lender must provide the borrower with a corrected disclosure at least three business days before the loan is consummated. For purposes of this waiting period, a “business day” is defined as all calendar days except Sundays and federal legal holidays as specified.
- Three-Day Waiting Period: For corrected disclosures, a lender cannot consummate a loan until three business days after the borrower receives the disclosure in person. If the corrected disclosure is mailed, the borrower is deemed to have received it three days after it is placed in the mail. A borrower may waive this waiting period in writing in case of a bona fide personal financial emergency, such as an imminent foreclosure sale.
The new MDIA rules and regulations are set forth at 74 Federal Register 23,289 (May 19, 2009)
(to be codified at 12 CFR 226).
U.S. Housing and Urban Development Secretary Shaun Donovan recently announced that the Federal Housing Administration (FHA) will allow some buyers to apply the Obama Administration’s new $8,000 first – time home buyer tax credit toward the purchase costs of an FHA – insured home. Donovan made these statements before the National Association of Home Builders Spring Board of Directors, stating that this action will help stabilize the nation’s housing market by stimulating home sales across the nation.
Pursuant to the American Recovery and Reinvestment Act of 2009, first – time home buyers are offered the up to $8,000 tax credit for purchasing their first home. Families can only access the credit after filing their tax returns with the IRS. His announcement detailed the various rules regulating the state Housing Finance Agencies and some non – profits access to the funding, up to the maximum amount ( depending on the mortgage amount ) so that the borrowers can immediately apply these monies to their down payments. If an FHA – approved lender is utilized by the buyer, this credit can be applied to the down payment in excess of the 3.5% requirement of appraised value OR closing costs. This may lead to the achievement of a lower interest rate.
Donovan stated, “… What we are doing today will not only help these families to purchase their first home but will present an enormous benefit for communities struggling to deal with an oversupply of housing.”
Current law did not allow for approved lenders to “monetize” the tax credit to meet the required 3.5% minimum down payment, but, under the terms of the announcement, lenders can now monetize the tax credit for use as an additional down payment, or other closing costs, which can help a lower interest rate.
In addition to the borrower’s own cash investment, FHA allows parents, employers and other governmental entities to contribute to the down payment. Unlike seller – financed down-payment assistance, which was easily abused, this program will allow home buyers to shop for the best home price and services using the anticipated tax credit.
Estimates offered up by the National Association of Home Builders, are 160,000 home sales may be realized across the nation – 101,000 of these will be first – time buyers who receive the credit. Another 59,000 existing homeowners will be able to buy another home because their home was purchased by a first- time home buyer. Based on the FHA’s current market share, it’s estimated that thousands of families will be able to purchase a home by utilizing a combination of the tax credit and an FHA – insured mortgage.
Home buyers should use caution in comparing benefits and costs when seeking tax credit monetization services. Lenders should be aware that the government is now more vigilant toward potential mortgage scams. For every FHA borrower who is assisted through the tax credit program, FHA will collect the name and tax certification number of the providing organization as well as the associated fees and charges. FHA will use the information to track the business closely and will refer any questionable practices to the appropriate regulatory agency, as necessary.
Welcome
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Welcome to the blogsite, http://www.inlandempirefinancing.com. This site contains blogs related to national and regional, primarily, Inland Empire San Bernardino County, California; real estate issues, trends, opinions thereof, and financing. Please enjoy and comment on the entries and if interested, opt-in to our newsletter series which addresses other issues, such as Internet marketing, social media, realtor marketing strategies, etc.




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