Mortgage second » Second Mortgage

More Than One Mortgage Company Filing Foreclosure at Once

admin — Wed, 24 Feb 2010 07:06:11 +0000

“When it rains, it pours.” Homeowners with more than one mortgage who have fallen behind on all of them know that old cliche possibly more than anyone else. When a financial hardship comes up, and there is not enough income to make all of the mortgage payments, more than one of the lenders may initiate foreclosure proceedings in the county court at roughly the same time. In fact, if one starts the process of filing paperwork in the court system, all of the others may also file as soon as they are aware of the first foreclosure, and that the homeowners are behind on all of their bills. This situation can be somewhat confusing for homeowners, though, if the second mortgage files first, followed by the first; or the HELOC holder filing first, followed by the first and then the second.

But, to put it in as simple terms as possible, filing foreclosure is simply one creditor, who has had the house pledged as collateral for a mortgage loan, asking the appropriate local court to sell the house, in order for the mortgage company to regain any losses experienced on the nonpayment of the loan. The fact that more than one lender is claiming losses at once, when all of the lenders are behind on payments, should not be surprising at all.

It will be the court itself that orders the sheriff sale of the property, as long as the plaintiff in the case, the bank, can prove that the loan is in default and that the property is collateral. This, of course, is usually quite easy to prove, and, far too often, homeowners do not even make an appearance at the foreclosure hearing to make an answer or request more solutions outside of the legal foreclosure process. However, in any case, it does not matter if one mortgage company or lienholder files foreclosure paperwork first or second, as the proceeds from the eventual foreclosure auction will be paid out the same way. The order of payments is determined far in advance, even before the house is sold to the foreclosure victims to begin with.

At the sheriff sale, any back property taxes will be paid off first. Then, the first recorded mortgage will be paid off. After that, any other parties will be paid off in order of when their lien was filed with the county recorder. The only exception would be for a mechanics lien, which may not be recorded at the time of the foreclosure or auction, but the creditor may be able to collect a portion of the proceeds before an earlier-recorded lienholder. This is a somewhat more uncommon event, though, and most homeowners in foreclosure will not experience it. It is also a broader topic than can be discussed fully in this post.

It is the order in which the parties had filed their liens, for the most part, that will determine who is paid off with the proceeds from the auction first, second, third, and so on. Not surprisingly, county property taxes are always paid off first, since the government needs to make sure it gets its share before anyone else. Also, this prevents the new purchaser from having to pay off the back taxes or worry about a tax foreclosure if the transfer does not take place quickly. County property taxes are almost always paid to a current status or otherwise settled in any sale of real estate, whether through foreclosure or otherwise.

Thus, the payment of proceeds from a sheriff sale is not determined by which lienholder files for foreclosure first; rather it is decided solely by the recorded date of the lien. Any lien is counted in the determination of order, whether it is a first mortgage, second mortgage, judgment lien, income tax lien, or other assessment.

This is also a major reason that second mortgage companies are often far more willing to work with homeowners in setting up a repayment plan or taking less money on a short sale they know that, in a foreclosure auction, they will probably not be paid any of the proceeds after the taxes and first mortgage are paid. Other liens beyond the second mortgage often have even less of a chance of getting any real benefit from forcing a sale of a property through foreclosure.

However, any lienholder who has had the property pledged as collateral for a loan can initiate foreclosure proceedings. Even second mortgage companies will start the process if the homeowners are not in contact with the bank and have not expressed an interest in getting the monthly payments back on track. They may hesitate to file for foreclosure, but no response by the owners will eventually force them to take action in the courts. Homeowners will most likely be facing only one foreclosure action against them by a first mortgage company, but this does not preclude the possibility of facing more than one foreclosure lawsuit at a time.

By: Nick Adama

How to Obtain a Bad Credit Second Mortgage

admin — Fri, 29 Jan 2010 17:50:07 +0000

We all know banks are not loaning money as easily as they used to when a loan is applied for. The fact is they are now looking much closer at credit scores before they make a decision on who qualifies and who doesn’t qualify for a loan. It is possible to get loans with bad credit, but not easy. Here are some possible ways of getting a bad credit second mortgage loan.

If your credit is not excellent, and you would like to improve it, a second mortgage gives you the option to consolidate your credit card debts and other payments you might have into a single loan, with a single payment each month, and you won’t have to refinance your original mortgage. Be aware the amount a lender can give on a second mortgage will not usually exceed the amount of equity you might have in your home.

Contrary to home equity credit lines, the second mortgage is a loan you get only once, and it has a regulated payment amount you need to make monthly. You can use the same lender as the original mortgage to get the second, or opt to try a different one. How easy it is to get money and how much money can be loaned are dependent upon the amount of equity in the home the owner has and his her credit report.

Most bed credit mortgage lenders look at the most recent two to three years of one’s credit report to make a decision. Whether you have been making your payments on time, and your income to debt ratio is in line are two major factors that determine who will have a chance for a bad credit second mortgage.

Another serious factor that is considered is what you intend to do with the money if the loan is approved. If your intention is to pay off high interest debts and consolidate things to make payments easier to handle, rather than invest in other projects or plans, your chances for approval of a bad credit loan go up.

It’s imperative to have collected some information to give the loan officer prior to your consultation when applying for a bad credit second mortgage. A copy of your credit report and any discrepancies noted with how you are trying to alleviate these in writing is helpful. If there are no errors on the report, a statement of how you are making improvements to your credit score should be attached to the loan application.

The best thing to do is be totally upfront with your loan officer about any indebtedness and your current situation. It’s also necessary to include your total income in the figures in order to figure out your debt to income ratio. The bank does not want to loan money that will not be repaid, forcing them to foreclose. As a result, it’s necessary to explain why you require money, and how you intend on using it.

Bad credit second mortgages aren’t easy to come by, but they can be the best option you have to improve your credit score in these tough times. You can improve these scores legally and quickly by putting numerous high interest rates together into just one lower interest rate loan without refinancing your original mortgage.

By: Paul Van Rode

Removing Second Mortgages Though Lien Stripping

admin — Mon, 18 Jan 2010 08:59:39 +0000

In the present economic times many individuals are living with financial decisions causing them to hold assets, such as houses, automobiles and boats, whose values have plummeted. Individuals are living in properties whose values have dropped far below the mortgages or driving cars, which are valued at a third of the loans. Those individuals with financial difficulties are looking for assistance through the bankruptcy courts in an attempt to get out from underneath all of the debts and liens acquired, which now vastly exceed their current assets.

There are two types of liens, which can be attached to an individual’s property or assets. The first is a voluntary lien, which is basically a situation where you have agreed to use the asset as collateral for a debt, i.e. mortgages and auto loans. A non-voluntary lien is one that a creditor imposes on you and that gives them the right to force you to sell the asset so that they can be paid, for example: judgments against you or tax liens. These liens are either secured or unsecured as to the asset they are attached to.

The most common issue for an individual nowadays is the situation where a homeowner who has a first and second mortgage on a primary residence is facing bankruptcy and wondering if they have the ability to save the family home. As real estate markets fall and the fair market values of the homes fall, homeowners are left with mortgages that far exceed the current fair market value of their homes. There is a process which could be of help to many in this situation and it is called “lien stripping”.

“Lien stripping” refers to the process of reducing a secured claim to the value of the underlying collateral. It uses the combined effect of 11 U.S.C.A. § 506(a) and 11 U.S.C.A. § 506(d) to bifurcate the lien into secured and unsecured. The secured lien is allowed in the amount up to the fair market value of the property at the time of the stripping. The balance of the lien, which exceeds the fair market value of the property, is now deemed unsecured.

Liens can be stripped off of the debtor’s assets in Chapter 11 or Chapter 13 when there is not enough equity in the assets. Section 506(a) and 506(d) of the Bankruptcy Code acknowledges that a lien is only a secured claim to the extent there is value in the asset to which it attaches. To the extent that the claim exceeds the value of the collateral, that portion of the lien is now unsecured. The most common application of lien stripping is the reduction of car loan liens to the present value of the vehicle however it is currently used more often with home mortgages in bankruptcy situations. Lien stripping with car loans has been limited to vehicles purchased over 910 days.

The Bankruptcy Code does permit a bankruptcy plan to “modify the rights of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor’s principal residence”. Section 1322 (b)(2). This section provides protection to the holder of a claim secured only by a lien on the debtor’s principal residence by prohibiting any modification of the terms, however the issue arose as to if this section precluded “lien stripping” of undersecured residential mortgages in the face of Bankruptcy Code section 506 which appears to permit bifurcation of undersecured mortgages and voiding of unsecured portions of the mortgage lien. At least two bankruptcy court judges sitting in Massachusetts have permitted such bifurcations.

In any event, there is an exception as to the lien on a principal residence lien and that is if there is a second or third lien on the same property. In this instance those liens, lien stripping is available to render them totally unsecured if the first mortgage balance equals or exceeds the value of the personal residence. The exception is only if there are two distinct mortgages on the property, not a refinancing situation. It should also be noted that the limitation of lien stripping of first mortgages only apply to personal residences, it will be allowed for a mortgage on a building used for business or renting.

As always, all situations relative to a strategy for bankruptcy and lien stripping should be discussed in detail with a bankruptcy attorney to understand all your avenues open to you.

By: Michael A. Goldstein

State Fee Limits for Second Mortgages in California

admin — Thu, 14 Jan 2010 10:48:49 +0000

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

Your Options When You Missed Two Mortgage Payments

admin — Wed, 13 Jan 2010 00:58:54 +0000

Home owners across the country are facing adjustable rate mortgages that having increasing payments that make on time payments next to impossible to make. If you are a home owner that is facing this stress because you missed two or more mortgage payments you need to be aware of how serious of a problem you face and what you can do about it.

Dealing With Multiple Late Payments

The first thought for people with past due mortgage payments is the fear of foreclosure and losing their home. While technically a mortgage lender can start to foreclose after just one late payment many lenders will not start until you are 120 days past due. So even with two missed mortgage payments you should still be in the safe zone, at least for a little while.

When you miss your first mortgage payment you will limit your ability to refinance with a conforming mortgage for a minimum of 24 months. You will also not be eligible for FHA or VA financing for a period of 12 months. The only way you will be able to refinance with multiple late payments is to get a sub prime mortgage, and you will more then likely be limited to borrowing no more then 70% of your homes appraised value.

Once you miss your second mortgage payment your options now almost begin to fade away into nothing. Since the recent sub prime crisis most of sub prime lenders programs for borrowers with multiple late payments have all but disappeared. The best option at this point is to call your mortgage holder and work out a repayment plan with them. If your loan was an adjustable mortgage you should ask them for a loan modification. This is where the lender will either give you a fixed rate mortgage or stop any additional rate increases for a set period of time.

The most extreme option for home owners who are missing mortgage payments is to sell the home and either move into a more affordable home or rent until they can save up a good down payment for a similar home. While no one wants to lose their home sometimes it is the best option, and in many cases it will inevitably happen through foreclosure. At the very least you can save your credit rating by selling the home before a foreclosure happens.

Honesty is going to be your best option when you are in this type of situation. Your mortgage holder will be more the likely to help you if you contact them early and are up front and honest with them about your current situation. But you should also be honest with yourself and never try to save a home you just cannot afford, it will wind up costing you more money, stress and credit points then it is worth.

By: Darin Sewell

Creative Real Estate Investing Mortgage

admin — Fri, 08 Jan 2010 18:30:11 +0000

When I bought my first property back in the 80′s you basically had to have about 20% down in cash and get a mortgage from the bank for the other 80%. Of coarse you could put more than 20$down if you had it but that was about the minimum banks and insurance companies would settle for.

Most people though couldn’t get the 20% down payment so lenders had to become a little more flexible over the years and so now things are quite different indeed.

Today, whether you’re going for your first home or looking at an investment property there are more creative options for buying real estate.

Flipping

If you’re strictly thinking investing for a quick profit, then the fastest method is a quick flip. This requires you hunting around for a great deal, buy it, get the contract and sell it immediately at fair market value. The profits will depend on how big of a discount you were able to get on it, but making $2,000 to $10,000 is doable in many markets.

Pre-construction

If you look at new developments such as planned communities and condos many builders will fund a loan for 5% of the total asking price. Here the deal isn’t in the price but in the financing.

Second mortgage

A more common method is to get yourself a second mortgage on your existing property. This way you can come up with 5% of a down payment and the bank lends you the other 15% using the equity on your property. This second mortgage will have a higher interest rate than your first.

Also keep in mind in this second mortgage case you need to buy private mortgage insurance since the 20% down payment was not all yours. This can be removed in the future when your second property goes up in value. This is called your loan-to-value ratio, meaning when you are at 80-20 again (you now would own 20% of the properties actual value because it’s market value increased over the last year or 2).

Subject-to

There’s many variations with a subject-to deal. In a typical one the seller deeds you the property leaving his existing mortgage in place, meaning you don’t legally assume the loan because it’s still in his name. Nevertheless, you are making payments and the property is in your name so this can work. He is covered too because if you default it’s not his house that will be foreclosed, it’s yours.

Limited partnership

Create more wealth for yourself by investing with someone else. Half of something is better than nothing, and for someone who may be struggling to get that first purchase a partnership may be the only way to get your foot in the door.

Government loan programs

There are various government loan programs the general public is not always aware about, but these are for low income families and military service people and are usually limited for families intending to use the property as their personal residence.

Credit

Secure a credit line from your bank. This is easy if you have built up some equity on your existing property. The interest rate on a credit line is usually much lower than a credit card.

It’s possible to buy a property with credit cards. The downside to this method is the substantially higher interest rates, lenders look at all outstanding debt when deciding to grant a loan on the remaining balance. Taking out a cash advance to cover a shortfall between the needed 5-20 percent down will usually get you turned down.

Family money

If you can get money from family members you will need to convince the bank that it’s a gift and not a loan, otherwise they view it as more debt, decreasing the amount they will qualify for you.

Interest only mortgage

A creative real estate investing mortgage idea that has become popular over the last few years is a interest only mortgage. There are some pro and cons with this one. Your payments are only covering the interest on the loan and nothing toward the principle. This can be great for short term situations.

By: John Ferreira

The Facts About Second Mortgages

admin — Sun, 03 Jan 2010 03:21:05 +0000

Your home: It’s probably your biggest asset. Having a home to back you up when you need a loan is one of the greatest advantages of home ownership. In recent years, there has been a major increase in the amount of people looking to use their homes as a way to get access to extra money when they need it most. One of the best ways to do this is through a second mortgage.

A second mortgage is exactly what it says it is – a loan made in addition to your first mortgage, and it’s based on the amount of equity you have built into your home. Many people use them to fund home renovations, to pay off credit cards, or to put a child through college. Since you’ve already been through the process once, the underwriting required to get a second mortgage is much simpler than it was the first time around, and the cost of the transactions involved will be significantly lower. This usually makes up for the fact that interest rates on the second mortgage are a bit higher than they were on the first one.

On a second mortgage, you will borrow a fixed sum of money against your home equity, and pay it back over a specified amount of time. The amount you borrow will be combined with the amount you still owe on your first mortgage.

It all sounds pretty simple. There are just a few things to keep in mind. First of all, don’t take out a second mortgage on your home unless you’ve built up a fair amount of equity in the property already- that is, made payments on the original mortgage balance for a good amount of time. You may still be able to get a second mortgage if you don’t have much equity, but your rates will be so much higher, and the amount you can borrow so much lower, that it will essentially be a waste of your time and money. This is one of those things that is worth waiting for.

Also, look into the other options of borrowing against the equity of your home, including a home equity loan and a home equity line of credit. All of these options allow you to borrow against your equity, but there are slight variations among them that mean one of the three may be the best option for you. It will depend, for the most part, on your particular financial standing, the amount of money you need to borrow, and the amount of home equity you currently have.

By: Joseph Kenny

Second Mortgages: What you Need to Know

admin — Mon, 07 Dec 2009 18:01:19 +0000

At times in life it may be necessary to come up with a sum of cash for unexpected expenses or even expenses that you might not be able to afford without a influx of cash. In these cases a second mortgage can come in quite handy. Before taking out a second mortgage; however, you should know how they work and the advantages and disadvantages of second mortgages.

Basically a second mortgage occurs when you take out another mortgage on top of the existing mortgage on your home. This type of loan is secured with the property for collateral. Of course, the first mortgage takes precedence in the event that you default on the loan. Any funds that are left would then be applied to the second mortgage.

Many people commonly use second mortgages for such expenses as home improvements, the purchase of a second or vacation home and to consolidate other debts with a lower interest rate. Of course, you may also be able to use the proceeds of your second mortgage for other options but you should always keep in mind that you are putting your home at risk for the purchase and be sure you can justify the risk for that purpose.

One of the major disadvantages of a second mortgage is that the interest rate will usually be higher than your first mortgage. Lenders insist on higher interest rates because they understand they won’t be the first in line in the event that you default on the loan and they need to protect their assets, so they do this with higher interest rates. Of course, the rates are typically lower than what you could obtain with any other type of loan and much lower than credit cards.

You should also be aware that you’ll typically be responsible for some fairly significant closing costs on second mortgages. If you can’t pay those fees, you may not be able to work out a second mortgage on your property.

Due to the amount of risk involved you need to be absolutely sure you have no other option before taking out such a loan. After all, you are risking the loss of your home, so you should be sure you’re willing to take the risk as well as be relatively sure you can cover the additional loan payments.

If you do decide a second mortgage is the right option for you, be sure to shop around for rates before taking the first one offered to you. You may be able to get better terms or a lower interest rate by shopping around.

Always look over the terms to be sure of what you’re agreeing to pay. One of the most typical arrangements with many second mortgage lenders is to tie what is known as voluntary insurance in with your mortgage. Depending on the level of your current insurance policy, you may not need this additional coverage and cost. In addition, always make sure you know how much you’re paying for closing costs, such as application fees, points to get a lower interest rate and appraisal fees.

By: Joseph Kenny

Commercial Second Mortgages – A Way to Unlock Equity

admin — Mon, 07 Dec 2009 16:04:16 +0000

Commercial second mortgages have historically been a very rare financing tool reserved for extremely strong borrowers, divided into two general segments.

1. Owner occupant property owners with outstanding business finances.

2. Large sophisticated commercial real estate developments with minimum loan amounts beginning at $5 million. Typical project size would be $15 million plus.

Both of these types of loans have been out of reach for the vast majority of commercial real estate investors and users. Owners have had no reliable or efficient way of accessing their equity without refinancing their current first position loan or taking on the “dreaded” equity partner.

A few national lenders have recently started offering fixed rate commercial second loans; much to the industries surprise. This loan structure can dramatically change the illiquidity that so many property owners complain about.

The terms of the loan program include fixed periods ranging from 5 -10 years with amortization schedules between 25 -30 years. Loan amounts are small ranging from $50,000 -$500,000 with max Combined Loan to Value of 70 – 75%, among other details. Rates are strong for borrower with excellent credit, yet increase steeply for borrowers with good to decent credit scores. As of this writing, the lowest rate would be 8.15% for a borrower with 720 + credit and a loan amount between $400,000 – $500,000.

It is interesting to witness what our clients use the Commercial Second Mortgage for. Among the more creative scenarios include:

Use Commercial 2nd Loan Proceeds as Down Payment on New Acquisition.

For example, borrower could pull equity out of an existing property and use that capital as the down payment/closing cost on a new commercial property purchase. Essentially maximizing the overall leverage of the property owner’s portfolio and limiting out of pocket cash.

The underwriting of the second loan would be off the existing property and would not negatively affect the cash flow and or Debt Coverage Ratio of the property being purchased.

Use Commercial 2nd Mortgage as Rehab Capital.

Unfortunately commercial rehab loans are as daunting and cumbersome as ground up financing, requiring extensive underwriting and reporting. By tapping the equity in another property via a commercial fixed rate second mortgage the borrower can avoid the “process” of a traditional commercial rehab/construction loan. The borrower in this example would simply receive a lump sum of capital and can spend this money as he sees fit. There are no draws or city permit review/approval.

At the end of the project the borrower could refinance the loan of the property being renovated and use those proceeds to pay off the commercial second mortgage with better loan program tied to the rehabbed building.

Use Commercial Second Loan as Working Capital for Day to Day Business Activities.

Many borrowers do not like the idea of a floating rate line of credit. Many business owners prefer having the security of a fixed rate loan that enables them to better predict/manage their costs of capital. Business owners have virtually no restrictions on the use of loan proceeds. Common uses include, purchasing equipment, launching advertising campaigns, investing in new technology, etc.

Whatever the use or intent of the borrower, this new commercial second mortgage provides a solid option and an additional financing tool for commercial property owners.

By: Jeff Rauth

Second Mortgage Fee Restrictions in Maryland

admin — Thu, 03 Dec 2009 18:21:34 +0000

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