Everywhere you go, advocacy groups are urging stricter laws on non-conforming 2nd mortgages and home equity loans. Sub-prime mortgages are likely to be more costly than “A -paper” loans, but they are intended for borrowers who pose a greater risk to lenders. In most cases they are considered non-conforming because of the lack of credit or past credit problems.
California’s new laws, AB 489 and AB 344, became effective July 1, 2002. They apply to a mortgage or deed of trust with a loan balance of no more than $250,000. The protections provided by the laws are triggered if the annual percentage rate of the loan is more than eight percentage points over the yield on Treasury securities, or if the total points and fees payable by the consumer exceed six percent of the total loan amount. Thus, there is a 5.99% max in fees. (i.e., $35,000 second mortgage in CA is restricted to 5.99% of loan amount = $2,096 for APR affecting fees. Maximum APR for a 15 year 2nd mortgage in August in CA is 13.10%, and for the rest of the nation its 15.07%.
What is happening is that people in California are being rejected for 125% second mortgages and sub-prime home equity loans because the State of California thinks that they can’t make financial decisions on their own. And, some groups continue to feel the need for legislation further tightening the provisions of AB 489 which would make it even more difficult for California homeowners to use their home equity to secure loans.
If California homeowners want to consolidate credit card debt that they are paying 20% a month for, they should be able to consolidate the debt into a second mortgage. Interest rates are driven by market conditions, and credit risks determined by the lenders. CA should follow suit with the rest of the nation.
Excessive anti-predatory lending laws can hurt legitimate lenders and the consumers they serve. For example, sub-prime loans do help people with poor FICO scores by extending debt consolidation refinancing and second mortgage loans to pay off high-interest debts. Also, sub-prime loans are legitimately extended to borrowers with good credit who are self-employed or who have unpredictable incomes.
By: Maria Ny
Posts Tagged ‘Annual Percentage Rate’
State Fee Limits for Second Mortgages in California
January 14th, 2010Fixed Rate Home Equity Loan Versus Adjustable HELOC: Comparing 2nd Mortgage Loans
December 19th, 2009
Many people think of a second mortgage as a fixed interest, lump sum loan. However, that is only one form of a second mortgage. A second mortgage is actually ANY secondary lien on your home–secured loan with your home pledged as collateral. Second mortgages are typically categorized as fixed mortgage rate home equity installment loans (HELs), also known as home equity loans, and home equity lines of credit (HELOCs) which are adjustable rate mortgages.
The Federal Reserve states that the home equity line of credit annual percentage rate (APR) is a variable rate loan based solely on a publicly available index (such as the prime rate published in the Wall Street Journal or a U.S. Treasury bill rate). The APR does not include points or other finance charges. The monthly payment amount will adjust as your loan balance and interest rate changes. Loan terms can be anywhere from 15 to 30 years.
HELOCs have a draw period, typically occurring in the first 10-15 years, with the remaining term on the loan referred to as the repayment period. During the draw period, you can draw out money on a revolving basis similar to a credit card without applying for a new loan, as long as the amount does not exceed the total amount of the original HELOC. During the repayment period you may be allowed to renew the credit line. If your plan does not allow renewals, you will not be able to borrow additional money once the draw period ends. Interest is paid only on the amount of equity you use.
A Home Equity Installment Loan (HEL) is a fixed mortgage rate loan, which means the annual percentage rate (APR) and monthly payment will stay the same for the life of your loan. The APR for a HEL takes into account the interest rate charged plus points and other finance charges. Loan terms can be anywhere from 5 to 30 years, but are typically 15 to 20 years. Unlike a HELOC, you get a lump sum for which you immediately start paying principal and interest. If you decide later that you need additional funds, mortgage refinancing or getting an additional loan with additional closing costs are your only options.
Which type of loan you choose depends on your financial needs. A HELOC may be best if you have a recurring need for money (e.g., home improvements or a home repair project that has anticipated additional expenses). The security of a fixed-rate 2nd mortgage will probably provide much-needed relief for a large one-time expense (e.g., debt consolidation).
By: Maria Ny
Second Mortgage Fee Restrictions in Maryland
December 3rd, 2009
The past five years has witnessed the institutionalization of sub-prime lending, with the locus of sub-prime loans shifting from small, independent lenders to large mortgage subsidiaries of banks (particularly national banks). Investment banks and their affiliates increasingly are not only underwriting sub-prime securitizations but originating loans in sub-prime loan pools as well.
Because sub-prime loans are generally more expensive than traditional prime loans, advocacy organizations nationwide are urging tighter restrictions on these types of loans. However, sub-prime loans are intended for borrowers who pose a greater risk to lenders, typically because of the lack of credit or previous credit problems. And, without the sub-prime segment, an increasing number of borrowers wouldn’t be able to secure purchase loans or cash out on their home equity with a mortgage refinance or home equity loan (second mortgage).
Like California, the state of Maryland is imposing excessively strict predatory lending laws including the imposition of a max 7.99% annual percentage rate (APR) limit which is lower than that of other states. Maryland also has a finder’s fee law that limits the fee a mortgage broker’s finder’s fee to 8% of the total loan amount brokered, and limits the fee on subsequent loans on the same property in a twenty-four month period to 8% of the amount by which the subsequent loan exceeds the initial loan.
Now, Maryland’s Montgomery County is in the news for its new predatory lending law that has at least 50 national and local lenders making a mass exodus out of that county due to the law’s vague language and exorbitant fines. Weighing the unknowns of the law, many financial companies have preferred to exit the market, meaning it could become increasingly difficult for consumers to find a lender for mortgage loans. Financial officials have said the law could make it difficult to find fixed-rate loans for many of the median-priced to more expensive homes in the county, since many of the lenders that bought such loans on the secondary market decided to stop doing business in the county. “The fixed rate conduit market has basically dried up because of this law,” said Kathleen M. Murphy, president of the Maryland Bankers Association.
This new Montgomery County law is on hold until November, which is a welcome relief to lenders and mortgage brokers as well as consumers seeking purchase loans, mortgage refinancing and second mortgages.
By: Maria Ny