As a Mortgage Broker in South Florida (Palm Beach Gardens) I have seen this scenario all to well with my clients. They would like to take advantage of a new lower mortgage and have a Home Equity Line of Credit. Now any lenders including Bank of America will not re-subordinate their HELOC's if your are in Florida.
So what does Re-Subordinate mean?
On the title of your property you have lien positions. Your current mortgage is in first position or first mortgage. When you opened a HELOC on your home that loan went into second position behind your first mortgage. Now when you want to refinance your first your second will automatically be moved into the first position unless the current lien holder on the second will subordinate behind the new first mortgage. In years past this has never really been a problem but with the current housing crisis in Florida plus most of Florida being labeled a "Declining Market" most of the lenders are now not Re-Subordinating anymore.
But I Have Equity
If you have equity more than 20% it will be on a case by case basis. However, please keep in mind the following example of how equity works:
Value of Property 1st Mortgage 2nd Mortgage Balance Credit Line on HELOC
$300,000 $200,000 $50,000 $50,000 (maxed)
This is a very typical Refinance.
The borrower would like to condense the two mortgage into one. The new mortgage would be for $250,000 plus closing costs. If the borrower would leave the second mortgage open even if it had a zero balance it would make for a 100% financing. The reason is the borrower has the ability right after closing to go and take out that money once again.
What If I Don't Pay Off the HELOC?
Even if you don't pay off the the second mortgage or HELOC the lender would still have to approve the new first mortgage.
In closing, if you find yourself searching rates and programs please make sure to find yourself someone who has been recommended or do your home work on the person. Make sure you just don't fill out something online for more information. In most cases these people are not licensed and last week they where doing something else for employment. Make sure you are dealing with a Mortgage Professional.
For more information: Mortgage Advice in South Florida