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Need a Loan? Think
Twice About
Using Your Home as Collateral
If you need money to pay bills or make home
improvements, and think refinancing, a second mortgage, or a home equity loan is the
answer - consider your options carefully. If you can't make the required payments, you
could lose your home as well as the equity you've built up. Don't let anyone talk you into
using your home to borrow money you don't really need.
Not all loans or lenders are created equal. Some unscrupulous lenders target elderly
and low-income homeowners and those with credit problems. These lenders may offer loans
based on the equity in your home, not on your ability to repay the loan. High interest
rates and credit costs can make borrowing money using your home very expensive.
Consult with your attorney, financial advisor, or someone else you trust before making
any loan decisions. Non-profit credit and housing counseling services can also be useful
in helping you manage your credit and make decisions about loans.
Early Warning Signs
Avoid any lender who:
- tells you, or requires you, to falsify information on the loan
application. For example, the lender tells you to say that your loan is primarily for
business purposes when it's not.
- pressures you into applying for a loan or applying for more
money than you need.
- pressures you into accepting monthly payments you can't make.
- fails to provide required loan disclosures or tells you not to
read them.
- misrepresents the kind of credit you're getting. For example,
calling a one-time loan a line of credit.
- promises one set of terms when you apply, and gives you
another set of terms to sign - with no legitimate explanation for the change.
- tells you to sign blank forms - the lender says they'll fill
them in later.
- says you can't have copies of documents that you've signed.
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You can take some steps to protect your home and your equity. Here's
how.
1. Shop Around. Costs can vary greatly!
Contact several lenders - including banks, savings and loans, credit unions, and
mortgage companies. Ask each lender about the best loan for which you qualify. Compare:
- The annual percentage rate (APR). The APR is the single most important
thing to compare when shopping for a loan. It takes into account not only the interest
rate, but also points (one point equals one percent of the loan amount), mortgage broker
fees, and certain other credit charges the lender requires the borrower to pay, expressed
as a yearly rate. Generally, the lower the APR, the lower the cost of your loan. Ask if
the APR is fixed or adjustable - that is, will the APR change?
- Points and fees. Ask about points and other fees that you'll be
charged. These charges may not be refundable if you refinance or pay off the loan early.
And if you refinance, you may pay more points. Points are usually paid in cash at closing,
but may be financed. If you finance the points, you'll pay additional interest and
increase the total cost of your loan.
- The term of the loan. How many years will you make payments on the
loan? If you're getting a home equity loan that consolidates credit card debt and other
shorter-term loans, remember that the new loan may obligate you for a longer period.
- The monthly payment. What's the amount? Will it stay the same or
change?
- Is there a balloon payment? This is a large payment usually at the end
of the loan term, often after a series of low monthly payments. When the balloon payment
is due, you must come up with the money. If you can't, you may need another loan, which
means new closing costs, and points and fees.
- Is there a prepayment penalty? These are extra fees that may be due if
you pay off the loan early by refinancing or selling your home. Prepayment penalties may
force you to keep a high-rate loan by making getting out of the loan too expensive. Try to
negotiate this penalty out of your loan agreement.
- Will the interest rate for the loan increase if you default? An
increased interest rate provision says that if you miss a payment or pay late, you may
have to pay a higher interest rate for the rest of the loan term. Try to negotiate this
provision out of your loan agreement as well.
- Does the loan include a charge for any type of voluntary credit insurance, such
as credit life, disability, or unemployment insurance? Will the insurance
premiums be financed as part of the loan? If so, you'll pay additional interest and points
and further increase the total cost of the loan. How much lower would your monthly payment
on your loan be without the credit insurance? Will the insurance cover the length of your
loan and the full loan amount? Before deciding to buy voluntary credit insurance from a
lender, think about whether you really need the insurance and check with other insurance
providers about their rates.
Lastly, ask each lender to provide, as soon as possible, a written "good faith
estimate" that lists all charges and fees you must pay at closing. Although not
always required, these estimates make it easier to compare terms from different lenders.
2. After Choosing a Lender
- Negotiate. It never hurts to ask if the lender will lower the APR, take
out a charge you don't want to pay, or remove a loan term that you don't like.
- Ask the lender for a blank copy of the form(s) you'll sign at closing.
While they don't have to give you blank forms, most legitimate lenders will. Take the
forms home and review them with someone you trust. Ask the lender about items you don't
understand.
- Ask the lender to give you copies of the actual documents that you'll be asked
to sign as soon as possible. While a lender may not have to give you all of the
actual filled-in documents before closing, it doesn't hurt to ask.
- Be sure you can afford the loan. Figure out whether your monthly income
is enough to cover each monthly payment in addition to your other monthly bills and
expenses. If it isn't, you could lose your home - and your equity - through foreclosure or
a forced sale.
- If you are refinancing a first mortgage, ask about escrow services. Ask
if the loan's monthly payment includes an escrow amount for property taxes and homeowners
insurance. If not, be sure to budget for those amounts too.
3. At Closing
- Before you sign anything, ask for an explanation of any dollar amount, term, or
condition that you don't understand.
- Don't sign a loan agreement if the terms differ from what you thought they would be. For
example, a lender should not promise a specific APR and then - without good reason -
increase it at closing. If the terms are different, negotiate for what you were promised.
If you can't, be prepared to walk away and shop elsewhere.
- Make sure you get a copy of the documents you signed before leaving the lender. They
contain important information about your rights and obligations.
- Don't initial or sign anything saying you're buying voluntary credit insurance unless
you really want to buy that insurance.
4. After Closing
Having second thoughts about the loan? The Truth in Lending Act gives most home equity
borrowers at least three business days after closing to cancel the deal. This is known as
your right of "rescission." In some situations (consult with your attorney), you
may have as much as three years to cancel. To rescind, you must notify the creditor in
writing. After you rescind, the lender has 20 days to return all money or property you
paid to anyone as part of the credit transaction and release any security interest in your
home. You must then offer to return the creditor's money or property, which may mean
getting a new loan from another lender.
| High-Rate, High-Fee Loans The Home Ownership and Equity Protection Act (HOEPA) may give
you additional rights if your loan is a home equity loan, second mortgage or refinance
secured by your principal residence and if:
- the loans APR exceeds by more than 10% the rate on a
Treasury note of comparable maturity, or
- the total fees and points at or before closing exceed the
larger of $451 or 8% of the total loan amount. (The $451 figure is for 2000 and is
adjusted annually.)
If HOEPA applies:
- A lender may not engage in a pattern or practice of
lending based on home equity without regard to the borrowers ability to repay the
loan.
- You must get certain disclosures from the lender at least
three business days before closing.
- Your lender cannot make a direct payment to a home
improvement contractor.
- Certain loan terms are illegal such as most
prepayment penalties and increased interest rates at default.
- In most situations, your loan cannot have a balloon payment
due in less than five years.
A high-rate or high-fee loan might be right for you, but
be aware of the risks. These loans are extremely expensive ways to get money. You could
lose your home if you cant make the payments. |
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