5 ways buying a house just changedRelatedNew rules may make mortgages harder to get, more expensive
Interest rates haven't hurt home sales
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By Chelsey Levingston
New mortgage regulations mandated by the Consumer Financial Protection Bureau went into effect this month. The rules are meant to hold lenders liable for bad loans and protect borrowers from loans they can’t afford.
Here are five ways the rules affect a home purchase:
1. New servicing standards: Existing homeowners will either get a monthly statement or a coupon book from their lender showing the current loan balance, payment amount and next due date. While some borrowers already receive monthly statements, all mortgage lenders are now required to provide them.
2. Underwriting criteria: Lenders will require more documentation of ability to repay from new homebuyers applying for a loan. At a minimum, creditors generally must consider eight underwriting factors:
current or reasonably expected income or assetscurrent employment statusthe monthly payment on the covered transactionthe monthly payment on any simultaneous loanthe monthly payment for mortgage-related obligationscurrent debt obligations, alimony, and child supportthe monthly debt-to-income ratio or residual incomecredit history
3. Debt ratio: The Consumer Financial Protection Bureau set a number for determining if a buyer can afford their mortgage payments. The number — the debt ratio, or what percentage of monthly income is used to pay debt — is 43 percent. Debt includes payments on student and auto loans, credit cards, alimony and child support.
A loan to a borrower with a higher than 43 percent debt ratio is considered high risk and might not get approved.
Before, consideration of debt to income was at the discretion of the lender.
Lenders can still make loans that don’t meet the 43 percent debt ratio standard, but might not be able to sell these loans, which creates more risk for the lender.
4. Struggling borrowers: Lenders now have certain obligations to meet with people having trouble paying their mortgages. For example, a foreclosure cannot be initiated before 120 days of default. During that time, lenders are to work with homeowners on loan modifications or refinances to keep them in their home.
5. Timeliness: Other rules require lenders to fix issues quickly and credit payments quickly. Mortgage servicers will now have to call or contact most borrowers by the time they are 36 days late on their mortgage.
ONE THING THAT HASN’T CHANGED:
Payment history: Past payment history is still a big deal, including your credit score, for obtaining a home loan.
SOURCES: Consumer Financial Protection Bureau; and Tim Mislanky, senior vice president and chief lending officer of Wright-Patt Credit Union Inc.
The Dodd-Frank Act requires creditors to make a reasonable, good faith determination of a consumer’s ability to repay any consumer credit transaction secured by a dwelling (excluding an open-end credit plan, timeshare plan, reverse mortgage, or temporary loan) and establishes certain protections from liability under this requirement for “qualified mortgages.”
What does this mean to you the consumer?
Beginning January 10th, 2014 expect underwriting guidelines to get tighter. As a Realtor it is important to ask clients for a 'Credit Approval' with their lenders which takes much more time than a brief phone call, but it will save you and your client a lot of hassle down the road.
PNC Mortgage is suggesting structuring the loan upfront and may require Seller involvement with the Lender to be certain the loan gets approved. Something we haven't seen in Virginia seems on the Horizon... Seller's concessions increasing to pay origination fees directly to the Lender above and beyond the 3% in closing cost many of us have become accustom to.
How will this affect Short Sales and Foreclosures? Hmm... very good question. As we all know the Seller's of Short Sale generally have no funds to contribute. Are Short Sale Lenders going to be willing to buy down the rate for the new owners in order to make the deal?