User32446_7_t Janet Guilbault, California Mortgage Expert
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Here are 2 nasty words that spell disaster for a loan: UNACCEPTABLE COLLATERAL. Do you know what this means? It means the borrower qualified for the mortgage, but the property did not. To our clients, however, a turn down is a turn down. They still take it very personally, even though they shouldn't.

Those that apply for mortgage loans simply do not understand that lenders now scrutinize properties as closely as they do borrowers. Maybe even more closely. Each property is viewed from this perspective: "How easy will it be to market this property once it is a foreclosure?"

Last week I had a loan turned down for UNACCEPTABLE COLLATERAL. The following comments came to me in writing from the bank upon the final review of the appraisal: " I don't like this property.  I question the marketablity. The ceilings in the kitchen are low, and there are bars on the windows. The comparable properties are not close enough to the subject property. I am turning this down."

The file was 3 inches thick because lender went through 2 rounds of conditions before the borrower was approved. They took one last look at the appraisal and decided they did not "like" the property.

Please note that no where did the reviewer question the value listed on the appraisal. Loan to value on this loan was 67% and the property was in a lovely semi rural area where there are many retirement homes, and very little turn over.  Owners had installed quick release bars because many tools were stored in at the property.

As many times as I TRY to explain the concept of YOU were approved, but THE PROPERTY was not, there is still that hurt silence on the other end of the phone (I never give turn down news via e-mail or voice mail).

 To protect yourself from having property declared "unacceptable collateral" by a lender :

Do not use any verbage in the contract about "repairs to be made"

Do not mention "Items to be completed"

Do not include personal property as this dilutes the value of the home.

Never use this phrase "unpermitted area" 

If part of the home is rented, do not mention this in the contract.  Lender may assume a multi unit property

Note: Bars on windows need to be removed prior to the appraisal or must be mentioned in the appraisal as having safety releases.

I have adopted the following policy:

Read the appraisal and look for red flags. LOOK AT ALL OF THE PICTURES and look for red flags. Question unfiinished projects and areas in obvious need of repair. Look at all of the comps. Understand the property as well as you understand the borrower and be prepared to take an offensive approach when the appraisal goes to review.

Your loan may depend on it.

 

Written by Janet Guilbault, Mortgage Lending Expert Based Out of the San Francisco Bay Area

 

 

 

 

 

 
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14 Comments on Another Loan Bites the Dust: What Causes A Property to be "UNACCEPTABLE COLLATERAL?"

Janet - Come to think of it, there's the 1003 Application and another application that should be implemented (at least in any Mortgage Professional's mind), that of the collateral being lended against.

05/24/2008 05:43 PM by Jason Sardi, Pennsylvania Mortgage Broker (First Choice Equity Group Inc.)


This blog seems timely for me.  I had a buyer with a preapproval letter from the bank, simple bank loan.  We proceeded to closing and got within 3 days of close and the bank rescinded their preapproval letter!  They didn't like the property which was not habitable as it was.  They already knew that;  the buyer did not lie to them. 

I was so angy and the buyer was so angry that they treated him that way.  He had been with that bank for 14 years and I'd been there 40.  Guess who is withdrawing everything they have and moving to another bank.  Both me and the rejected-property buyer.  That bank is the big loser, in my opinion.  And the loan was for $22,000.

05/24/2008 06:03 PM by Barbara S. Duncan ABR, CRS, GRI, e-PRO Searcy AR (RE/MAX Advantage)


Jason, I agree. We need for the property to make an application as well as the lender. To take your client to the end of an approval process only to have it go belly up because of the property is somehow very unfair to a trusting client.

 

05/24/2008 06:03 PM by Janet Guilbault, California Mortgage Expert (RPM Mortgage)


This is almost as bad as the recently rescinded "declining market" nonsense.

It's been many years ago, but I had a property declined as "Functionally Obsolete" by the appraiser.  Wouldn't even appraisa it.  The buyer was a single mom who had scrimped and saved for 5 years to be able to have a place for herself and her son.  Fortunatelly, the owner had no mortgage and when he met her he was so impressed he did an owner finance.  There are some good folks out there.

I would recommend that those clauses:

"repairs to be made"

"Items to be completed"

 "unpermitted area" 

not be in the MLS Listing REMARKS either.  Appraisers have access to all. 

05/24/2008 06:40 PM by Lenn Harley Homefinders.com MD & VA Real Estate


Barbara: I was so unhappy with the way this was handled that I did something I have never done before: I wrote a letter to my rep and complained.

I did not say I would never place a loan with them again, but I made it clear I would let all 40 other mortgage brokers know how dissatisfied I was with the way this was declined.

To actually put in writing the don't "like" the house is just beyond unprofessional.

To let it go all the way to the end then come up with something so lame is ridiculous. They saw the MLS in the beginning because the house had been listed. They could have seen the bars at that time and said no and saved us all hours of time.

05/24/2008 06:44 PM by Janet Guilbault, California Mortgage Expert (RPM Mortgage)


Lenn: That is an excellent point. I completely agree. Don't give them a reason to questions anything.

05/24/2008 06:46 PM by Janet Guilbault, California Mortgage Expert (RPM Mortgage)


Janet, Well that sucks!!! But let's look at this from another perspective. If the inspection has been done and there ARE repairs to be done and the buyer and seller have agreed to take care of these things after closing, I would have to mention this on the contract or an addendum and it would have to be given to the lender. Also, if part of the house is rented and it is being sold that way then the lender has the right to know that.

I do agree these things should come up at the beginning of the loan process not at the end.

05/25/2008 07:03 AM by Bryant Tutas-Tutas Towne Realty, Inc


If you rent a part of your house to your nephew who is attending college nearby, why is that the lender's business?

If a piece of molding has not been put up in the family room, there is no reason to write :all unfinished projects to be completed. It is not worth the grief that you will get from the bank.

These are actual examples that have caused me extreme problems with lenders and I do not agree that the lender needed to be involved with either of these items.

 

05/25/2008 09:29 AM by Janet Guilbault, California Mortgage Expert (RPM Mortgage)


Janet.....Lenn's comment to not put your DO NOT list in the MLS is really smart these days.  What about all the foreclosures that are listed in the MLS being sold AS-IS?  What is your thoughts on that one?  I am going to check all my listings.  Back in the 90"s we were taught to not include the DO NOT's right in the contract, but times changed, contracts changed and agents attitudes changed "anything goes" Now you have to use common sense when you right a contract.  Don't hurry and think about your commission.  Think before you speak and before you write and try to represent your client in the best way possible.

Roxanne Schilling, Realtor at Lake Tulloch

05/25/2008 10:43 AM by Roxanne Schilling (Coldwell Banker Lake Tulloch)


Good points Janet. My point on the rental was assuming that there was part of the house being rented by the seller that was going to remain that way for the buyer. That wouild need to be disclosed. If the new owner was just going to be renting a room out then that certainly would not need to be on the contract.

Don't mind me....I'm in a mood today:)

05/25/2008 06:16 PM by Bryant Tutas-Tutas Towne Realty, Inc


Hello Janet, great information. Under Writers are looking at Appraisals very carefully. We just have to make sure that we catch everything and clarify any red flags.

05/25/2008 11:49 PM by Eric Meruelo (OakStar Bank)


I like the "don't include the material facts anywhere the lender can find them" comments. Nothing like hiding material facts about the property from the lender. They are material facts and you have knowledge of them, they have to be disclosed. If it makes the transaction harder to close, it is because the material facts are unacceptable to the people involved.

05/26/2008 06:04 PM by Random Guy


Appraisal reviews are going to be increasingly more closely reviewed. Ask an appraiser, they are feeling the heat. But so also are the underwriters who are being asked to sign off on a property value.

I suspect there are more appraisal standards coming soon. 

05/27/2008 05:09 PM by Richard Smith Mortgages Home Loans FHA TN GA AL (American Acceptance Mortgage, Inc)


Terrific tips!  We don't often look at  how we write our contracts and then run them through the lens of a 'lender'.......smart.

06/05/2008 01:07 AM by Liz Moras- Team Leader & Managing Broker Keller Williams Valley Realty (Serving Abbotsford, Chilliwack & Fraser Valley)


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Loan Officer: Janet Guilbault, California Mortgage Expert  (RPM Mortgage)
Janet Guilbault, California Mortgage Expert
Walnut Creek, CA
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