Obviously, from the market numbers, people do not get as excited about "historically low interest rates and low home prices" as they do low rates and rapidly escalating values. My numbers show it, your numbers show it and the national reports show it. Oh there are a few people "doing better than they ever have" but I'm a long stretch from generating the 400-600 loans a year I enjoyed in 2004 through 2007 - cue Archie and Edith singing "Those Were The Days". So if we thought low cost of money and low housing prices were fueling the business obviously we were wrong.

We didn't think that, though. We thought the fact that almost anyone could by homes as primary residence or investment properties was driving the market. However, there are some very important figures to note: Interest rates are lower than ever and housing costs are extremely low.

As you can see from this chart of actual data this is THE point of lowest average interest rates since 1971. With rates in the high 4s and low 5s for prime borrowers and the 40 year average at 9.024 percent I would encourage everyone to think how it may be possible to buy that new home or first home now. I have never said, "right now is the best time to buy" but if that time has ever come it is very likely right now.

There is no way interst rates are going to hold this low for a myriad of reasons including inflation and dollar devaluation. Right now the government is spending your future income as fast as they can pass Bills and Resolutions into law. You can have whatever political bent you care but the facts are the facts and those are the facts. The national debt will soon cause interest rates to begin to rise. They may not rise as quickly as they did back in the late 70s when inflation was out of control thanks to massive government misspending but rise they will and I have not found one economist worth their weight in salt who think the rates will not reach double digits in the next 3 to 5 years.

Compare those interest rates to the Robert Schiller hosueing data set from Irrational Exhuberance and you have a very unique picture:

That top red line "Home Prices" really tells a story. If we combine the two we see housing prices back down to almost 1980 levels and interest rates lower than any other time in this history.

Does this mean now is a good time to buy? The best time to buy?

Only if you need to. If you do not need to buy then no time is a good time to buy - that includes for investors. In fact investment money is much more difficult to find overall than it has been since the mid 90s. Oh, I'm sure someone will disagree but the facts are the facts - just because Joe Smith in Montegumma has been able to borrow the money to buy 10 homes in the last 12 months doesn't do a thing for Bob Davis in Roswell. I'm sure Joe Smith will be more than happy to sell you his book for $29.95 or his seminar for $199 if you know what I mean.

As always if you are in the southeast and you need answers never hesitate to call me on my cell at 678-439-8683 whether you are an agent, seller, builder, buyer, or home owner. I will be more than happy to answer your questions and provide services where I can.

HIGHLIGHTS ONLY - I don't want to distribute incorrect information so if you have a viable correction please make it known in the comments.

HR 3458 "The Worker, Home Ownership and Business Assistance Act of 2009"

While it is called an "Extension and Modification of the First-Time Homebuyer's Tax Credit" it really is an extension and overhaul or re-construction. Modified doesn't seem to cover it. If you are interested the full text of the Resolution signed into law is found at this link on Thomas Library of Congress. (This is also based on S 1678 dated September 16, 2009 and passed unanimously in the Senate.)

All the good stuff related to the Tax Credit seems to be found in Sections 11 and 12. I am not interested in sharing my political opinion in this post (had to clarify this post) but working with you to develop a fuller and more accurate understanding of this new law. We know the second version of the First Time Homebuyer's Tax Credit was scheduled to end with homes purchased, and closed on, before December 1, 2009. The key word at that time was "closed". The newest version has a different twist which we will examine. So, here we go line by line where application matters to our common clients:

Section 11(a)(1)(A) extended to May 1, 2010

Section 11(a)(2)EXCEPTION IN CASE OF BINDING CONTRACT - if the binding contract is entered BEFORE May 1, 2010 then the closing must occur BEFORE July 1, 2010

Section 11(b)(6)EXCEPTION FOR LONG-TIME RESIDENCE OF SAME PRINCIPAL RESIDENCE - if the person buying the primary home lived in their primary residence for "any 5-consecutive-year period during the 8 year period ending on the date of [qualified] purchase" they also qualify for the credit under SEC.11(c)(1)(D)

Section 11(c)(1)(D) sets the maximum credit for long-time residents to $6,500

Section 11(c)(2) sets the maximium individual AGI to $125,000 and the maximum married couple AGI to $225,000

Section 11(d)(3) sets the maximum purchase price [not loan amount] to $800,000

There are other subsections specific to military personnel who are deployed found primarily in Section11(e)(E)

Section 12 is also pertinent but contains mostly clerical changes and restates the recipient of the credit must be at least 18 years of age at the time of purchase of the home.

IN SUMMARY

You must close before May 1, 2010 (so no later than April 30 2010), if you are not a "first time home buyer" (defined as someone who has not owned a primary residence during the last 36 months prior to the closing date) you must have lived in your primary residence at least 5 continuous years out of the 8 years preceding the closing date unless you enter into a binding contract before May 1, 2010 then you must close before July 1, 2010. Individuals may take advantage of the tax credit if you earn no more than $125,000 per year Adjusted Gross Income and married couples may not earn more than $225,000 AGI. Your sales price may not exceed $800,000 and you must be 18 years of age.

BIG DISCLAIMER: I AM NOT A TAX ATTORNEY OR ACCOUNTANT and everything you just read is my opinion on what the law says. Do not make any decisions based on the content of this blog post. Seriously, do not use this as a substitute for tax advice or legal advice.

Clark Howard I think you do a great service to the public at large when exposing scams and ripoffs*. Still I'm calling you out Clark and I hope you actually take this to heart - this time. Not to tear you down or make you look bad but to keep you from confusing your listeners with (a) incorrect information and (b) misapplied information.

For those of you who don't know Clark he apparently was quite a successful travel agent (made millions and millions so I have heard) back in the 70s and 80s and is now a syndicated radio personality. I neither dislike Clark nor wish any malice upon him and hope he continues to enjoy success in whatever he does. The trouble is he knows just about enough about mortgages to screw you up if you trust him at his every word. He knows most of the words and the correct correct definition of them but invariably I cringe before he finishes talking about them. Why should I have expected today to be any different? Back when I did a lot of radio advertising I constantly had to battle the "but Clark Howard says ..." callers. What a nightmare that could be. Clark likely has no idea of the confused aftermath he sometimes causes for his listeners who actually believe he knows more about the inner workings of home finance than we seasoned, trained and educated professionals who may have closed thousands of loans.

The call in to his show on Tuesday started out innocently enough and I was driving back to my office, where I work as a mortgage banker which I have done for the last umpteen years, so I listened. I did not hear the caller's question but I heard Clark say something similar to, "then you will have 25% of your debt at over 7% interest and that's not good". Agreeable - that probably is not good but I never give financial opinion without knowing the full story. That scenario may be good if she currently has 75% of her debt at 25% interest, know what I mean?

Then Clark started talking about "no cost mortgages". He even said, "many lenders will tell you there is no such thing" but goes on to talk about them as if they really exist. He must not remember the FTC cracking down on those ads which came even from giants like Countrywide for advertising "no cost loans". I'm assuming he has read my blogs in the past as I continue to tell the truth "there is no such thing as a no cost loan" or "there are closing costs and you pay for them".

Clark, there are no "no cost" or "zero cost" loans. They don't exist on the real planet where Jane and John Homeowner depend on the services of dependable mortgage professionals. If those are no cost loans then I should be able to sell you a $100 suit for $500 and tell you the shoes I included are "no cost".

Sure, the broker or lender can make it so that the borrower does not have to bring any money to the closing table and if the home owner only plans to be in that home or that loan for about five years or less it may make sense. But they are not "no cost loans". They have a cost and that cost should be explained in detail to the borrower and the alternative comparisons demonstrated. An informed and properly educated consumer is our best client.

The other thing Clark was wrong regarding (that made me actually look at my phone and think of calling in as though I had an ice cube's chance in getting through to him) was very misleading and will cause someone harm if they believe it. He was doing the right thing about talking about the power of 5/1 ARMS. Then he should have hushed because he started dancing in territory he had no business in - talking about rates and closing costs at particular lenders.

In his defense he probably just looked at some website to get the rate for a 5/1 ARM and he said "ING has it for 4% and there closing costs are generally lower than the other lenders who offer the 5/1 ARM." That was more than he had business or knowledge to say and I challenge him to present actual figures to back it up. Also, if you think ING is offering a good price send me your GFE and TIL and let's see just how good it is.

First of all the rate changes all day every day. I quoted 4% on a 5/1 ARM on Monday and it went up to 4.25% by mid-day on Tuesday and back down to 4.125% by mid-afternoon. PLUS Clark has no idea what anyone's rate is because it is based on many things including credit score, loan amount, appraised value of the property, type of property, geographic location of the property, term of the loan, purpose of the loan, and more.So, his statement is misguided and quite possible dangerous.

When we as lenders, bankers or brokers advertise a rate we are required, by federal law, to also tell the APR of the rate and the terms of the loan in an equal presentation of the rate. In other words if we say 4% and the APR is 4.285% we are required to say it in the same voice and publish it in the same font on the same line. What Clark doesn't get, and obviously doesn't care about, is you hearing him say "4%" and you automatically assume you're qualified for it and it applies to the loan you are seeking. Then you wear some poor loan officer out arguing with her because your rate is 5.125% (or whatever) but you stick to it that Clark Howard Said ... like he's some financial god or something. He's not. HE'S A RADIO SHOW GUY. He has no known formal education or experience in mortgages, okay?

He continuing digging a trap by saying ING's closing costs are "two to three thousand dollars lower than their competitors". I wish I had that noisy alarm he plays when he does his scam alert. Do you know sometimes closing costs are not even two thousand dollars on a loan? In fact many times the total closing costs to the lender are much less than two thousand dollars especially on loans under $150,000. So that's a BIG RED FLAG.

What Clark gives is neither rock solid professional advice nor accurate commentary. He's like other radio show/journalists who have dabbled in tertiary understanding of mortgage finance and real estate who should offer the disclaimer that their information is basically not much better than (or as good) bar-room chat. What Clark did on Tuesday is not unlike what Clark has done many times over the years and that was quote an interest rate and insinuate that interest rate was available in conjunction with a "no cost loan". Wrong on almost every case. When you want the truth and accurate information turn off the radio, get away from the misleading commercials and call me on my cell at 678-439-8683 (Clark you can call me too. I don't dislike you. Come buy my brunch and we'll talk about golf. My office is on Johnson Ferry.)

*I think Clark Howard does a tremendous amount of good for people by exposing scams and ripoff and giving great travel advice. I also know I have wasted hundreds of hours over the years re-educating people from what they have heard from Clark and other people like him who really do not need to be quoting rates and closing costs so freely.

Even if you have been working with your favorite real estate agent for the last 9 months, even if you have already looked at 20 homes with your favorite agent, even if you have already had the home builder install your favorite colors and appliances, I will not do your loan until you call Tommy T Thomas over at Big Builder Incorporated and speak with one of his agents. Now you do not have to buy one of Tommy T's homes but you do have to go look at one and let the sales agent check your contract with the home you think you want to buy.

Sounds ridiculous doesn't it? It would be an insult to you as an agent or builder for me to require "my preferred agent" to read over the contract would it not? Even if I said, "You have to do this but you do not have to use my agent. They are only involved as a safety net to make sure if you can't get it done they will step in and make it happen."

There is no difference when you as a builder, agent or real estate broker demand my client, with whom I have been working for months, in a business I am as good at as anyone in the nation, speak with some other lender. Especially when that lender is my direct competition. You think I don't remember that the next time I think about referring one of my hard earned clients? How would you like it if I kept a list that I gave to my preferred agents and said, "Never show any of these homes from this builder or agent because they pull this monkey business."

Yes, monkey business. The reason they give is to "make sure in the event the current lender can't get it done 'thei' lender can". Okay, that's insulting. If I can't get it done THEN you defer to someone else IF my client, the one I created with my hard work and advertising who may not even originally have been interested in purchasing a new or additional home until they spoke with me as a result of my efforts.

What if you went to Snarky's Department Store and pulled out your trusty credit card to pay for your purchase and the sales clerk handed you an application for a Snarky's credit card and said, "We can accept your major credit card but first you have to apply for our Snarky's card"? Or what if you actually spent all of your time driving around to business association meetings and loan officer's conference handing out your cards and sending greeting cards and newsletters and doing free workshops to generate prospective clients but when you went to present a contract to the listing agent they said, "We'll accept this after our inhouse agent has a chance to sit down with the client and review your contract and make sure you've done it right?"

Oh, I know, you've got the hammer of threat of law under the buyer-broker agreement. How nice. Now you're going to tell me about the time your clients were pre-approved with so-and-so and how the pre-approval wasn't worth the paper it was printed on. Be careful what you say, I've been in this business for a long LONG time and I have a lot of horror stories that fly in all directions.

Yesterday, a client I have known all my life, working with an agent whom I have known all of her life, called and said, "The seller won't accept the offer until they get me pre-approved with their bank." My first thought was, "well it's a bank owned property and some banks work that way." In that case I really didn't have an  objection but when I found out it was the LISTING AGENT and not the SELLER and the LISTING AGENT/BROKER required the pre-approval from a CORRESPONDENT LENDER and I work for a DIRECT LENDER I definitely took note of it. I took note of the listing broker's name and the listing agent's name for future reference when I have clients who are shopping.

Think about it, comment about it or state your case. I know what you may say your reason is but I will remind you what an insult it is to a consummate professional who generates their own leads and refers them to local agents. It really just confuses and concerns the client and if that's how you want to treat your clients you can know what they think of it - they do NOT like it. Clients are very careful with choosing with whom they share there very private and confidential information and being forced to do so does not make them happy. I know it doesn't because even when they are not my client I have had them call me for my professional opinion on this specific activity. And do you know what they suspect you of? That's right ... under the table agreements with the lender to get an illegal kick-back.

"I'm not paying any points!"

Well, okay then. I guess you're paying cash because everybody who borrows money from a broker, lender or bank (regardless of their misleading advertisement) pays points. Simply defined the word points means a percentage. What they are a percentage of is the next question. And, in this case, they are a percentage of the loan amount.

For example if we are talking about $100,000 and we say "one point" we mean "one percent" or $1,000 (one thousand dollars). If we say "two points" we mean "two percent" or $2,000 (two thousand dollars).

Since we know what a point is (1 point = 1 percent) and we know what it is based on (the loan amount) why exactly are points charged and why is it a good or bad thing? To the mortgage insider there are lots of points. There are origination points, there are discount points, there are yield points and there are service release points. Some of those points are directly visible to the borrower(s) and some are not so let's take them in order.

Origination Points - this is your loan officer's paycheck. She does not get it all (usually) but rather splits it with other people. Even if she does keep it all she has some other fees to pay out of it to her broker or lender. When people say, "this is a no point loan" they are not talking about this fee. They are talking about ...

Discount Points - this is the fee to buy the interest rate down. In plain language if you are offered an interest rate of 5.5% and you want the interest rate at 5% you will pay discount points or buy down points. On a purchase loan this may be paid by the buyer(s) or the seller(s) where permitted. Again 1 point = 1% of the LOAN AMOUNT. This is the fee almost everyone except mortgage industry participants are talking about when they say, "I'm not paying any points!"

The tricky part about "discount points" is it costs more than 1% of the loan amount to "buy down the rate" 1% - so you don't pay 1% of the loan amount to go from 5.25% to 4.25%

An example of discount points not intending to confuse: Say your loan amount is $100,000 and the interest rate is 5.25% but you want a rate of 4.625% - every loan officer will know exactly what these numbers mean. If they don't then they are not, in fact, a real loan officer. But I digress. The RATE column is obvious. The 25d column means once that rate is "locked" the file MUST be closed in 25 days or a rate lock extension must be purchased.

RATE     2d      10d     25d     40d
4.250  3.375  3.500  3.875  4.000
4.375  2.500  2.625  2.875  3.125
4.500  2.000  2.250  2.500  2.625
4.625  1.625  1.750  2.125  2.250
4.750  0.875  1.000  1.375  1.500
4.875  0.375  0.500  0.750  1.000
5.000 -0.125  0.000  0.375  0.500
5.125 -0.500 -0.375 -0.125  0.125
5.250 -1.500 -1.250 -1.000 -0.875
5.375 -2.000 -1.875 -1.625 -1.500

The -1.000 in the 5.250 row and 25d column means there is a cost to the borrower of -1% of the loan amount. Since the cost is negative one percent that means one percent comes back. Generally that would be shown on the mortgage broker's HUD1 as 1% of the loan amount in YSP. So if it is a $100,000 loan that would be $1,000 to the mortgage broker. You won't see it at all if it goes to the bank or lender.

The 2.125 in the 4.625 row and 25d column means the rate of 4.625% will cost 2.125 percent of the loan amount PLUS the 1% of the loan amount the broker won't be making. So in this case it will cost the borrower 3.125% of the loan amount to "buy down the rate" to 4.625% (there are many other ways to slice this pie but you don't have the patience and I don't have the time for the full book version :)

In the above example on a $100,000 loan to "buy down the rate" from 5.25% to 4.625% would cost the borrower $3,125 - on a refinance this could come from the new loan and on a purchase it can be paid by the seller or the buyer depending on loan guidelines.

Yield Points - called Yield Spread Premium, are probably the most maligned and possibly misunderstood "fees" there are. Funny thing is it's not a fee. What many bankers, bloggers and ill informed talk show hosts (plus a so-called "Real Estate Expert" on About.com) either do not understand or simply choose to lie to you about is these are the only "back end points" ever revealed to the borrower. Has YSP been abused? You bet! But bankers abuse rates and never tell you how much profit they are making. I know, I are one. I have also been a broker. If your rate is competitive you really should not care at all about these points. If you disagree or do not understand call me and we can chat.

Release Points - called Service Release Premium, are the most ignored points even though they are virtually identical to Yield Spread Premium listed above. For secondary marketers and mortgage bankers there is a huge difference between the two but to the end user really the are very similar. Both affect the interest rate paid by the borrower and the profit made by the lender/banker/broker. What should matter to borrowers is 5% 5.5% 6% - whatever the rate is and your other closing costs.

One of the big problems with mortgages is so many people have no idea how to shop for one. They think if they know the words, "points" "rate" and "closing costs" they know everything needed to know. What they really do when they ask those questions in the wrong manner is tell a savvy loan officer just how little they know. They would be better served by saying, "tell me about your mortgages and all the costs associated".

You are going to pay points one way or another. Either you are going to pay a higher interest rate, your loan amount is going to be increased or you are simply going to pay them exactly as they are.

Let me interject a note about "hidden fees". It is not that hard to have "hidden fees" on loans but even with "hidden fees" you can still shop if you look at the three most important numbers: How much money you have to bring to the closing table, your total loan amount and your monthly payment (and whether or not that payment can ever change). For example if your loan is $100,000 and you have to bring $10,000 to the closing table and your monthly payment is $500 for one loan but for another loan of $100,000 you have to bring $20,000 to the table and your monthly payment is $550 - YOU have to decide which one works for you. A true mortgage professional can advise you. Don't fall for some hopped up claims like, "all of our fees are up front" or "we have flat rate mortgage fees". So? So what? That in no way qualifies that company as more honest or trust worthy.

If you want to know how to shop for a mortgage, even if you are not in my market area, I will be happy to speak with you. Just give me a call and ask! Maybe I should write another post about how to compare mortgages ...

I watched in amazement for the last 48 hours as 30 year mortgage bonds reached their lower resistance point. I suppose we always have the greastest hopes that the reversal from down to up will result in an incredible jump sending mortgage rates into the basement. When lower resistance on mortgage bonds is coupled with sinking employment a flat dollar, a drop in the stock market and fuels along with excess housing industry, you could have Goofey and Pluto as president and vice president and interest rates would STILL go down!

That's what happened today. I watched all day and called every pending client resulting in 3 "let's do it" responses and one of my clients headed out with local agent Lane Bailey and resulting in an offer made all today. Tomorrow who knows what will happen - that's the thing about mortgage interest rates, they always change.

If I were in the buying market and using mortgage money I would be very interested in springing today. I mean - TODAY. It's still "possible" (but growing less likely every day) to close on a home before the first time home buyer's tax credit ends. That's a nice bit of change to skip on if you're going to be buying in the next few months anyway. Then again I've only been doing this for the last several years so maybe I'm wrong and you can sit around and wait until homes are free and the banks pay you for borrowing their money.

It's easy to complain about how long it takes a loan to close - even loan officers do it. The truth is if everything is in order and the property is acceptable the loan should close within 21 to 30 days of the receipt of all documents by the lender. This is not 21 days from application date nor is it 21 days from contract date. It is exactly as stated: 21 to 30 days from the date a full application is received.

The tug-of-war between agents and loan officers can be turned around if both remember to stand on the same side of the mud puddle. Generally the agent needs to realize they do not know as much about the actual workings of the mortgage industry as the loan officer and the loan officer needs to realize the same and not leave the agent in the dark and don't use insider terms to explain everything. I understand Active Rain participating agents are more well informed than others because we all swim in this same pool!

Almost every loan application has some similar needs. If the agent knows what these are and can help prep the client to get these together quickly and accurately then the agent and the loan officer can start out by standing on the same side of the mud puddle and pulling the same direction on the rope. These are not absolutes and are not carved in stone but at least 9 of 10 loan applications need most of the following:

For W2 Employees

1. Two years of tax returns, all schedules, signed by the taxpayers. This will be verified by the IRS so go ahead and feel free to ask the home buyer if these are the same tax forms they sent to the IRS for those tax years.
2. Two months of bank statements all pages including blank ones - front and back (checking and savings if they are used on the application as assets). Look at the documents and find every page. If the first page says 1 of 15 we'll be looking for 15 pages.
   
3. One month's coverage of pay stubs showing deductions and year-to-date income. If they get paid weekly this would be four pay stubs. If they are paid bi-monthly this would be two pay stubs and so on. If they get paid by a handwritten check (like some small businesses do) we're going to have some challenges verifying income according to document requirements so brace for impact.
   
4. A clear photo-copy of a government issued ID (driver's license, passport) showing the current address. If the current home address is different than the address on the ID we may need a letter of explanation.
5. A clear copy of the social security cards. Photo copies are okay and scans are best.
6. A fully executed sales agreement signed by all parties and legible. If it has been faxed back and forth we cannot read the words or even the signatures. If your great-grandad cannot easily read the contract in low light it's not good enough. Send us the unexecuted (unsigned) contract along with the best possible signed copies.
7. If it is a condominium we need the condo questionnaire completed (you can get that from me or whoever your lender is - each lender has a different one) and insurance information.
8. We need the insurance information for the buyer's preferred home owner's agent.
9. If there is a gift of funds from an acceptable member (pretty much limited to a direct family member like a parent, child, sibling or spouse) we need a gift letter which you can get from the loan officer.
10. If the home buyers have not been in the same line of work for 2 years that could be an issue so be prepared to face that challenge.
11. If the home buyers have a gap of more than a couple of weeks between jobs a good letter of explanation will be needed.
12. If the home buyer is receiving Social Security Income or Disability we will need the award letter and it will need to be continuing for three years after the closing date.
13. If the home buyer does not have a checking account they need to go get one. It's very difficult to get a file closed for someone without a checking account.
14. If the home buyer has student loans which are deferred we need the letter of deferment and it needs to be good for at least the next 12 months.
15. If the home buyer is receiving maintenance from another person we need the court order and if it is for child support we need the birth certificate of the children. (We are not permitted by law to ask if the applicant wants to use child support as maintenance.)
16. If the buyer has another home and it is for sale we may need a copy of the listing agreement.
17. If the buyer recently sold a previous home and are using the proceeds for the down payment we need to see a copy of the HUD1 from that closing.
18. If the property is new construction we will likely need a termite free letter.
19. If the property is in a flood zone there is a brand new set of requirements.
20. If the property was purchased by the seller within the last 6 months and has increased in value more than 5% have the seller be prepared to show documented upgrades, repairs and other investments into the life and value of the property.

Seriously, this is a partial list. There may be this many things again especially if the buyer is self employed or a legal resident alien. If you are aware of these and the buyer and seller are aware of these and we work together to get them then at least the first 10% of the work required to get the loan into underwriting for approval has been addressed. There are at least this many items which are addressed by the lender which also have to be completed before the application can even be submitted to underwriting.

It may be that the lender will not need all of these documents but they will need most of them. How many times have you spoken with a loan officer and they said, "I'm still waiting on the ...." If that is one of the things on this list you should already have prepped the home buyer(s) to know they will need to supply these. The longer they take to get it in the longer the loan will take to get closed.

Every loan officer who has done their job for more than a week or so has heard the question. Some loan officers avoid it altogether by simply not sending the Truth In Lending (TIL) until they absolutely are required by law to do so. Why? Because in the top left corner in prominent font is a number that confuses almost every borrower and non-financial insider - the Annual Percentage Rate (APR).

The APR disclosure requirement was sort of a good idea when it came out back in 1968 when there was pretty much just one type of home loan: a 30 year fixed interest mortgage. With time and exotic mortgage solutions the APR became highly obfuscated and even a tool of obfuscation.

Recent changes to the RESPA laws and the injection of the Mortgage Disclosure Information Act (MDIA - call the Mediah by insiders) was supposed to fix what has been broken for years. What it is doing, however, is bottleknecking the process for almost everyone who is using a mortgage to purchase or refinance a home.

The main problem and fault with the APR for the last several years has been the ease of manipulating it by how closing costs and other mortgage related fees can be hidden in the loan or rate to obfuscate the APR. The idea behind the forced disclosure of the APR was to give an apples to apples comparison of mortgage costs. It doesn't work, hasn't worked and another ignorant piece of legislation designed more to give the appearance of help rather than actual help like MDIA is just another road block to home ownership for home buyers.

If every mortgage was exactly the same, all closing costs had to be line itemed and there were no variations in terms them APR would be a more valuable but still useless tool. Here again the intelligent homebuyer is punished because of the few ignorant ones who refuse to take a moment and look at what is really important about home finance. Am I bitter? No. I'm still going to be making home loans and my clients are still going to be paying for them. It's just that sometimes it will take them longer to get to the closing table if anything changes with the loan post application and prior to close - in some cases.

In a nutshell the MDIA law says if the APR changes more than .125% (an 1/8th of a point of interest) then the disclosures must be resent and a period of no less than 3 business days must expire. This means changes to any of the APR tracked fees or loan amount. The law does not say whether or not this applies if the APR decreases or increases just if it changes. Some lenders are redisclosing in both directions other only if the APR increases more than .125%

A quick definition of the APR is the actual interest rate plus the other mortgage associated costs expressed as a percentage of the loan amount over the life of the loan. For example if you have a $100,000 loan and your APR included costs are $3,500 you would first find out what percentage of $100,000 is made up by $3,500. This one is simple it's 3.5% but that has to be annualized so divide it by 12 to get .29% and add that to your initial interest rate - let's say 6% to get 6.29%. So in this scenario our interest rate is 6% but our APR is 6.29% - so you can imagine why people see that TIL and call immediately and say, "I thought I was getting a 6% loan!"  When you indicate that is correct they invariably say, "But this paper says 6/29%" When explained to the masses they simply say "oh" and just forget about it!

So what fees affect the APR? I'm so glad you asked. But the answer is variable by the state wherein the property is located. I can give you the ones for Georgia as a reference but your state may be different. Remember all of these fees may not actually be on your loan but if they are they are to be added to the APR.

Georgia APR fees include: processing, underwriting, origination, discount points, broker fees, commitment fee, lock fee, attorney's fee, wire fee, disbursement fee, warehouse fee, amortization schedule fee, copy fee, fax fee, courier fee. There are other fees that may be charged but these are the fees that affect the APR. (These fees may even change from lender to lender believe it or not.)

If you are an agent, home owner or home buyer with questions about APR feel free to call me anytime on my cell at 678-439-8683 and I'll be happy to help you as much as possible.

This one kind of goes along with "When Can We Close?" from a couple of years ago and another "How Long Does It Take To Close Today?" from a few weeks ago. It is further inspired by feedback from many agents and clients over the last many years.

First it is important to understand the difference between a pre-approval, an approval and a clear-to-close. That explanation is given here at "Pre-Approval, Approval, Conditional, Cleared - What the ____?!" Let me augment that by saying you, the home buyer, have a lot of power over how certain your pre-approval is.

Pre-approvals are generally good for 30 days. This almost always depends on lender guidelines. To make sure you are getting a real pre-approval listen to how long it takes to get your pre-approval and to what you supply to the loan officer before you receive your pre-qualification letter.

Recently I received a call from one of the largest banks in the world and the phone call started by telling me I had been pre-approved for a very low interest rate to refinance my current home. When I asked the phone bank operator to send me the pre-qualification he said he would have to ask just a few questions first. There was probably only a pre-qualification based on my credit score and estimated property value. Worth nothing.

A real pre-qualification can take as little as a couple of hours and a seasoned loan professional can easily guide you through the process. Anyone who gives you a pre-qualification over the phone without having seen any evidence to prove what you have said is giving you a decision based on credit and payment history with your statements only. This type of pre-qualification is what gives loan officers a bad name.

If you are thinking about going shopping for a new home you should get pre-qualified before you even begin. Unless you have significant income, strong credit and payment history and plenty of cash you need to know what the lender is going to offer based on your specific qualifications. The loan officer will also be able to tell you which property types and costs are okay for which loan products.

To sum it up - get qualified first then start shopping. Otherwise you may be wasting your time and the time of others as well.

Ancient Mortgage Proverb: No deal is ever 100% certain until the loan is completely paid off.

There exists a chasm in communication, familiarity and point of view between agents and loan officers. Sometimes we try to act like it does not exist and we really wish it was not so. I know this chasm exists, just as you do for many reasons, because I have had real estate agents - very good agents - try to convert to loan officer at my companies and I have seen this chasm immediately appear. Sales are fairly and generally black and white, go or no-go, yea or nay. Either the seller accepts the offer, counters or declines. Every agent I have seen try to become a loan officer has had a difficult time adjusting to the different levels of approval.

There are different levels of approval with virtually every mortgage application to loan process and agents we really need you to do your best accept them even if you don't understand them. Otherwise you're going to continue driving the loan officer (me :) nuts and forcing the weaker ones to lie to you or avoid you. Let me help you not contribute to their delinquency by briefly explaining some of the levels of loan approval and addressing how I handle them individually.

First please recognize the average loan has many human and non-human touch-points. It's not just the loan officer or just the loan officer and the underwriter. There are also as many as dozens of other humans plus automated systems involved. If the loan application is not approved by each and every one of these processes as required by the lending or insurance (mortgage insurance) guidelines the application will be denied and the deal will be done.

I don't care who the loan officer is, where they work or what they say - these are constants and work the same way at every lender/bank/broker unless the person you are talking to has the money in their personal checking account and are personally making the loan - something a loan officer does not have the authority to do for any lender.)

[See the edit notes at the end of this post.]

Application Approval - these are generally worthless. These are generally called a pre-approval and sent on a letterhead from the bank, lender or broker. These are often given only after accepting the application and examining the credit history of the applicant(s). At this point nothing has usually been verified or even documented such as income, assets and job history. (I do give these and I explain this is a CREDIT ONLY pre-approval and I have verified nothing except credit and payment history.)

Credit Only Approval - see above.

Automated System Approval (Application Stage) - this is also generally worthless. The loan officer generally has not verified income, assets and job history at this point. This is where most "approval letters" are issued on that official looking FNMA Pre-Approval sheet. (I give these as well and explain I still need all the documentation and several verifications of documenation from the appropriate source.)

Underwriter's Opinion Pre-Approval - again basically worthless for the same reasons. (I give these ocassionally when there is a borderline issue as in tax returns for example.)

Underwriter's Conditional Approval - this is where the loan officer should have a very good idea if this application will be approved. There can be as many as 3 or more weeks between the Application Approval and this date because this is the first time anyone has looked at the complete application package which will include: income documentation (pay stubs, tax returns, etc.), asset documentation (bank statements, retirement account statements, letters of verification), employment verification, rent/mortgage verification, appraisal, insurance documentation, inspection (if required), fully executed and legible purchase agreement, and whatever else is needed. THIS IS STILL NOT AN APPROVAL! There will be conditions and until the conditions are satfisfied this is not a loan.

Clear to Close (or Cleared to Close) - this is it. This is the first time ANYONE can assure this will be a finalized transaction and it does have an expiration - usually 7 to 10 days after the approval.

-Side note about conditions. I had a first time home buyer ask me about "Conditions" the other day. He's a young and single man so I used an illustration I thought he could easily understand. I said, "Suppose you finally get up the courage and ask that pretty girl out on a date. She tells you she will go out with you if you drive a red sports car, pick her up at exactly 7PM and take her to the most expensive restaurant in town." I needed to offer no further explanation of conditions.

The bottom line is this: If you do your job right, the loan officer does their job right, the title/escrow agency does their job right, the appraiser does their job right, the inspector does their job right, the insurance company does their job right, the buyer's employer does their job right, the buyer's current mortgage company or landlord does their job right, the person giving the gift (if there is a down payment gift) does their job right, the IRS does their job right, the borrower's accountant/CPA does their job right, the seller does their job right, the appraiser does their job right, the HOA does their job right, the inspector does their job right, the processor does their job right, the underwriter does their job right, the closing co-ordinator does their job right, the funder does their job right, the seller's agent does their job right ... that's most of them ... then within a few days to a few weeks we'll meet at the closing table. Until then NOTHING is certain.

Now do you still want my opinion or do you want to wait for the truth?

[Edit notes: When I write the pre-approval is worthless I mean as far as the actual final approval - go to the bank and cash your check. Nobody's pre-approval means the application and entire transaction will be approved. A true mortgage professional will follow protocol and verify as much information as possible before issuing a pre-qualification. I was trained to do it that way many years ago and have trained all my staff members to do so as well. However, there are dozens of moving parts outside of our control. The pre-approval, even the best one, simply means there is no reason at that point in time not to proceed with the process of the application.]