Disasters and the Mortgage

after Katrina I am upside down with my mortgage.
my house is uninhabitable. My flood insurance check
doesn’t payoff the mortgage. How can i get a short payoff
due to financial hardship – i.e. relocation loss of jobs and
steady income?


This is one of the hard truths about mortgages. They are a contract between you and the lender to pay back a certain amount of money that you borrowed in order to purchase that property. They have nothing to do with any unforeseen hardship, and if you do not pay that money back, in full and on schedule, you can anticipate negative consequences no matter how good the underlying reason. Especially to your credit, and those are going to be long term consequences indeed.

Now unforeseen disasters, like Katrina, Earthquakes, floods, fires etcetera, are one of the biggest reasons why things go wrong with your ability to repay that money. Something happens to the property and now you can’t live in it, and you do need to pay for housing elsewhere. Furthermore, in widespread disasters like floods and earthquakes, since your job may no longer be there, you may have to relocate a considerable distance away in order to find work, and have difficulty paying your mortgage even if your property, in particular, came through just fine.

There are several issues that trap the unwary or uninformed consumer. Homeowner’s Insurance in general is the first of these. Many lenders in other states have requirements that the property be insured for the full amount of all mortgages against the property. This requirement is illegal in California (and a few other states), and actually is counter-productive as this implies that the objective is to pay off the lenders, when the objective of insurance is to repair the damage. The phrase that California lenders look for in the policies of homeowners insurance that any lender can and all lenders do require is “Full replacement value.” In other words, the insurer must agree to bring the property back to being in the same condition it was in prior to the covered event that caused the damage. Nonetheless, there are many properties where this kind of coverage is not available, most often due to their location in areas vulnerable to periodic fires. In such instances, you can expect lenders to require significantly larger down payments and charge higher interest rates, if they are willing to lend against the property at all. Since in the current “Everybody buys with 100 percent financing” trend this severely impacts your ability to sell your property, and therefore the value you will receive for it, you should be advised of the difficulty before you purchase the property, no matter how much you have for the down payment. An agent who doesn’t tell you about this issue on properties where it is an issue is either incompetent, or not looking out for your best interest.

Another issue with homeowner’s insurance is that you must keep the insured amount reflective of your home’s current value. If you bought ten years ago here in San Diego, you probably paid about $150,000 for a three bedroom single family residence. I don’t know of any single family residences below about $350,000 now, and most are in the mid 400s or higher. The insurance companies, quite reasonably I might add, take the position that even if you have “full replacement value” coverage, your home is only insured for $150,000, and is worth $450,000, you are not insuring it for the full value and will not pay the full bill for any repairs even if it is only for $100,000. In such a case, it’s been a while since I went over the figures that are the legal basis for the math, but in this particular instance, I get that the insurance company will pay $41,666 out of that $100,000 repair bill in this particular instance. The threshold is legally if you had the property insured to at least eighty percent (80%) of its actual value, they will pay the full bill, but you only had it insured to 33 percent of the value, and therefore they will only pay 33/80ths of the bill. So once every couple of years (more often in markets rising 20% per year!) talk to your insurance company about making certain your property is properly insured. Yes, you’ll pay more money, but it is a trivial amount compared to the cold hard fact above. My first property has multiplied in value by about three and one half times, and the difference between the insurance premium then and the insurance premium now is less than fifty percent. Now some insurers (mine among them) have a good record of not invoking the 80 percent rule I’m talking about here and paying the full amount, but this is a matter of company policy, not legal requirement, and it can be changed at any time and no matter how benevolent they are, if the disaster is bad enough they will have no choice. Furthermore, those folks who keep their coverage updated are de facto paying for those who don’t under such a policy, and for those who do make a habit of keeping their insurance coverage updated may find more competitive rates with other insurers.

Two things everybody needs to be warned about is that no regular policy of homeowner’s insurance, not even the vaunted H.O.3 policy with the H.O. 15 endorsement, covers against flood or earthquake. If possible flood or earthquake is an issue where you are, you need to buy a special policy to be covered by them. Flood and earthquake policies usually have a higher deductible than a basic homeowner’s policy, and the reason for this is simple: solvency of the insurer and price of the insurance. Flood and earthquake are typically widespread devastating disasters that make for major damage over a widespread area. If the deductible was smaller, the price of the added policy would need to be much higher, as paying off such claims strains the financial resources of even the strongest insurer. Now if you’re buying on stable soil atop the highest ridge line for miles around, flood insurance is probably not a worry for you. I sit roughly two tenths of a mile from a creek bed, but the amount of territory it drains is relatively small, only a of couple square miles, as the big watercourses go well away from where I sit and there are large hills between me and them. On the other hand, being in California, I’ve had earthquake insurance since the day I bought the property.

One more thing with flood insurance: There is a federally mandated thirty day waiting period between application and payment of premium and the time it goes into effect. This is to prevent, for instance, people in New Orleans waiting until there is a hurricane headed their way and rushing out and buying flood insurance, then canceling it and asking for a return of their premiums afterwards. I think the thirty day requirement is waivable to the extent that it can go into effect on the day you buy your property, but talk to your insurance agent.

Now, one final thing to be aware of. The value of the land itself is not insured, only the value of the improvements to that land. If a flood goes through your land, the land will still be there afterwards (and research riparian rights sometime if you’re worried it will not be – another thing a good agent should warn you about if it’s relevant). So if, like many in San Diego, you bought the property for $500,000, but it only cost the builder $200,000 to put the property together, the value of the land is obviously $300,000, right? Well, your mortgage is for eighty percent or ninety percent of the value of the improvements plus the land. Let’s say 80%, $400,000, although I suspect that’s on the low side of both mean and median. So when a disaster destroys the improvements (i.e. the home) and your insurer sends you a check to rebuild those improvements, that $200,000 check is obviously not going to cover the full amount of the mortgage. What do you do?

Well, that’s where the importance of a good insurance policy, that will cover the costs of housing while you rebuild in addition to the costs of rebuilding the home in the first place, comes in. You’ll also need to learn the value and importance of managing cash flow versus amount you may owe, but that’s a subject for another essay and you should consult a good professional financial person if you haven’t learned this before said happens in any case. Trying to learn that financial skill “as you go” is a recipe for guaranteed disaster. Furthermore, no matter how good your policy of insurance is, there is always a deductible and there are always extra expenses of rebuilding that you need or desire to undertake because it’s the best and cheapest time to do so. This illustrates the value of building up and maintaining an emergency fund that you can access, because even if the finished property will be worth far more, no regulated lender will touch a refinance for cash out while the property is still under repair. A “hard money” lender might lend you new money, but they require so much equity in the property “as it sits right now” that this is not an option for the vast majority of all property owners. And in the meantime, you must keep up all payments required under the original loan contract you agreed to.

Caveat Emptor

Issues with Relocation Loans

Sooner or later, a pretty fair proportion of the population are going to get an offer for a much better job, but the catch is that job is located in another city on the opposite end of the country. What are the major issues relating to the mortgage?

Well, first off, the relocating spouse may not have the job until they actually report for their first day at work. Many times people are told “Go there and you’ll have a job,” and when they get there, they don’t. So no matter how much time you have in that line of work, until you actually have the job things are iffy and you can expect loan underwriters to reflect that. The job offer letter may or may not get the job done – it usually doesn’t. Usually they want at least an employment contract, sometimes (particularly A paper) the first pay stub as well. It can be rough, and a waste of money to rent, but over the lifetime of a loan with a higher interest rate, it may pay off to actually wait until you’ve got that first pay stub.

Now just because the one spouse has a job offer doesn’t mean the other spouse will get a job in their field. Sometimes they work in a field where there is no problem finding work, like health care. Sometimes they work in a field where moving means they don’t have a career, and they’re going to have to start all over in some other field. If you worked in a distillery and you’re moving to Salt Lake City, you’re probably going to need a career change. If that job is similar enough to the one you left behind, that’s cool. But if you used to be a bookkeeper and now you’re a retail clerk, they you do not have two years in the same line of work. Chances are your family is not going to be able to use your income to help qualify for the loan. They are not going to be able to use it at all until you have a job that has income. Since this can take a while, you really might be better advised to rent for a month or two (or even six, if that’s the shortest lease you can find). If, of course, one spouse isn’t working and doesn’t plan to, this isn’t really an issue.

Next, there are the issues with the property in the old city. Many times, especially in a buyer’s market like now, the property has not yet sold, becoming a drag upon your ability to qualify for a new loan. If you can rent it, that’s certainly one solution, but most lenders will only allow 3/4 of the monthly rent to be used to qualify you for a new loan, but will charge all of the expenses against this. Considering that around here it’s tough to get a positive cash flow for a rental property in actual terms, you can imagine how tough it is when your monthly income from the property is chopped by 1/4, and how much more you will need to be making, in order to justify the loan.

Another thing is that most folks expect to be able to use the entire amount of the new salary to qualify, and that’s not the way it works. If you made $6000 per month for the past two years, one month at $9000 isn’t going to move that monthly average income up very much. The computation is done on a weighted average basis – you’ve got 23 months at $6000 per month, or $138,000, and 1 month at $9000, which when added makes for a grand total of $147,000, or about $6125. Often newly relocated folks have to settle for sub-prime loans when they are normally A paper so that they can use bank statements or something else to qualify. And of course there is always stated income, but there are rules for that, especially A paper.

Caveat Emptor

Issues Relating to One Spouse Qualifying For A Loan On Their Own

“I am married but want to refinance my house only in my name. What do I have to do?”

This is actually pretty easy, and there are at least two ways to potentially accomplish this, depending upon lender policy and the law in your area.

Most lenders policies require the property to be titled in a compatible manner to the loan. Some few do allow the spouse to be on title and not a party to the loan, in which case they will be required to sign the Trust Deed, although not the Note. Most lenders, however, will require that if you are the only one on the loan, the property be titled in your name exclusively. So your spouse will be required to sign a quitclaim to “Jenny Jones, a married woman as her sole and separate property” (Or “John Jones, a married man as his sole and separate property). If you don’t like the title being this way, that’s fine and don’t sweat it. You can quitclaim it back to “John and Jenny Jones, husband and wife as joint tenants with rights of survivorship” as soon as the loan records. What matters is that the people agreeing to the loan, as of the moment the Trust Deed comes into effect, is reflected in the official title of the property.

For those intelligent individuals whose property is in living trusts, this is also a common feature of getting a loan on the property. The lender will usually require it be quit-claimed from “John and Jenny Jones, trustees of the Jones Family Living Trust” to either the sole individual who qualified for the loan, as in the previous paragraph, or to “John and Jenny Jones, husband and wife as joint tenants with rights of survivorship.”

All of that is the easy part. Now comes the hard part. If one spouse wants to be the only one on the loan, then they must qualify on their own. Only their income may be used. However, since most debts in a marriage are in the names of both partners, typically they are going to going to be charged for most debts on their qualification sheets. This really is no big deal if that particular spouse is earning all of the money anyway, but in most cases these days, both spouses are working, and they want to buy the biggest home they can, so it can be difficult to qualify them for that home based upon the income of only one spouse. Here’s a typical scenario: He makes $5600 per month, she makes $5000. They have two $400 per month car payments and $120 per month in credit card minimum payments. But he has rotten credit, so they are hoping to secure a loan on better terms. By A paper full documentation guidelines, she only qualifies for a PITI payment of $1330 ($5000 times 45%, minus $920), which might get a one bedroom condo in a not so hot area of town. So then they have to go stated income in order to qualify for the loan on the home they really want. As a couple they qualify for payments of $3850 ($10,600 times 45%, minus $920), which will get a decent single family residence in an okay area of town. You, the readers, can guess which of the two properties the average couple in this situation is going to shop for. Unfortunately, many times her profession is not one where the lender will believes she makes twice what she really does without verification. This is a real issue, especially if they went and got a prequalification from someone who figured both of their incomes in the equation, so here they are with a purchase agreement and they can’t qualify like they thought they could. This is one reason I’ve learned never to trust someone else’s pre-qualification of a buyer, because in this situation, the only way to make it happen is to put John, with his rotten credit, on the loan. Because he makes more money than Jenny, he will be the primary borrower, and so the loan will be based upon John’s bad credit history, not Jenny’s above average FICO. There are ways to potentially get around this, but sometimes they work and sometimes they don’t, at least in the sense of getting John and Jenny a better rate on their loan, or of qualifying them to get a loan at all. Better to get John’s credit score up where he will qualify for a good loan beforehand, of course, but usually these folks want a loan now so they can get this home they’ve already signed a purchase contract on. The ability to improve credit scores in a short period of time is limited, and it’s even more limited if John and Jenny are short on cash, which is usually the case.

These can all be issues with the spouse who makes less money, also. Reverse the incomes, so that John, with his bad credit, makes $5000 per month and Jenny, with her good credit, makes $5600. So at least Jenny is primary on the loan, now, but most people are not in professions where the lender will believe they make almost twice what they really do, so stated income A paper doesn’t fly, and John and Jenny have to go sub-prime because if you put him on the loan, both spouses must qualify A paper and John doesn’t. Sub-prime means higher rates and a pre-payment penalty, unless you buy off the prepayment penalty with an even higher rate.

Now, in point of fact many borrowers these days are ones that have settled upon a property before they even considered a loan, and are determined to get that property no matter what they have to do. Alternatively, they may have talked to someone about loans who gave them a budget which was in fact accurate, but they liked this property so much that they are utterly ignoring that budget. Such people are going to end up with bad loans. They want more house than they can really afford, and they want it now. I can get the loan for them, any competent loan officer can get it for them, but there will be consequences down the road, because there are still those pesky payments they have to make (or negative amortization that builds up. Or both). A loan you cannot afford is a course for disaster, and the longer you’re on it, the worse the disaster gets.

But so long as a couple is qualifying for a loan where they really can make the payments, it’s all okay. The one thing that bites a fair number of people is divorce, where one ex-spouse figures that because he (or she) qualified all by themselves so they should be able to make the payments all by themselves. But the loan officer used stated income without telling them, and once that other income is gone, it turns out that they can’t make the payments. Not only can they not make the payments, they cannot qualify to refinance now. Typically, most people live in denial about this for way too long, ruining their credit to where they can no longer qualify for the loan on the lesser property they would have been able to get if they had done the smart thing in the first place.

So one spouse qualifying for a loan on their own has some real issues to be aware of, and that will turn and bite you if you’re not careful enough.

Caveat Emptor.

Buyer’s Markets

One of the phenomena that I am encountering is fear of the market in buyers. They are concerned that prices are falling, and that they will lose some or all of their investment.

Well, the first thing to understand is that buyer’s markets are not the time for “flippers”. You are not going to buy the property and make a profit after the expenses of selling in six months. That’s a seller’s market, and buyer’s markets don’t work that way. Two years ago, most prospective buyers were using the f-word (“flip”). Now, those people who were buying to flip are caught flat-footed by a market that has turned, like deaf kids in a game of musical chairs. The signs were there, but they were just a little too greedy.

Nonetheless, a buyer’s market is the best time to buy for everyone else, and here’s why: Inventory. Turnover Rate. Market Saturation. Supply and Demand. Instead of being the kings of the world, sellers have now turned into the beggars. The ratio of sellers to buyers locally is approximately 36 to one and climbing, as 960 properties were listed but only 397 purchase agreements were reached last week. Imagine you’re in an environment where there are 36 people of the opposite sex for every one of yours. I’m assuming you’re interested in the opposite sex, but even if you’re not, you should be able to understand the implications. That one woman with 36 men to choose from is going to be able to get just about anything and everything she wants. Even the woman who would be completely ignored in other circumstances is going to have multiple, attractive suitors. Alternatively, the one man with 36 women to choose from is going to end up pretty darned happy, even if he is short, fat, ugly, middle aged and balding.

The sellers in this market don’t really have the option of choosing other sellers, as it doesn’t help them. They have real estate, they want cash. Just like how that short fat ugly balding middle aged guy does pretty well for himself when there are 36 women for every guy, so does the buyer who has cash, or can get it via their power to get a loan.

Prices are likely to drop for a while, but you will never again have this ratio of sellers to buyers, and the market could turn at any time. If you wait for the market to turn around before you put in a bid, you will be much less sought after. Right now, the power of the market puts buyers in control of the transaction. If this seller isn’t quite desperate enough to do what you want them to, the one down the street or around the corner is. Like the 36 men to every woman scenario, if this man isn’t able or willing to meet the woman’s full wish list, she can move on to someone who is.

Buyer’s markets don’t last long. The last one was less than a year, and only about two months that buyers had peak power. If you buy for a little more than market bottom, so what? The only time value of the property is important is when you sell and when you refinance, and I’ve already told you this is not a flipper’s market. But once other potential buyers get the idea that there are bargains to be had, they will come out of the woodwork, and the vast majority of your purchasing power will be gone when the ratio of sellers to buyers drops to four to one. And soon after that, they turn back into seller’s markets. When that happens, watch the prices – and the profits – shoot back up.

Miss the window for buyer’s markets, and you’ll pay for it later. Any market is always most lucrative when everybody else wants to do the exact opposite of what you’re doing. Pick and choose your properties with care, and you will do very well when the market turns, whether that is next month or next year. Right now, you have your pick of sellers, and your pick of their properties, and the leisure to consider. When the ratio of sellers to buyers drops, it gets much harder to find these kinds of bargains, and much harder to get in before someone else has locked it in by getting an accepted offer.

Caveat Emptor

Mutual Funds: What They Are And How They Work

For being the most popular investments in the country, many people have a “black box” picture of mutual funds. Money goes in one end and more money (usually) comes out the other.

Mutual companies in general are a very old concept. The Egyptians had them in ancient times, mostly for insurance purposes. For one time investments, they go back at least to Europe in the middle ages. But it wasn’t until 1924 in the United States that somebody had the bright idea of making it a continuing thing, an actual business planned around the continual making of communal investments. (The very first mutual fund is still going, by the way, as a member of one of the bigger advisory fund families.) Regulation of mutual funds and similar entities dates to the Investment Company Act of 1940.

The basic concept is this: A group of people get together and pool their investment money, and invest it as a group. They all own a portion of the entire pool of investments.

This buys a lot. It buys economies of scale, as the costs to trade 10,000 shares are significantly less than 100 times the cost of trading 100 shares, and way less than 10,0000 times the cost of trading a single share. It buys instant diversification, as the group has plenty of money to split among enough investments so that the failure of any one will not unduly hurt them. It buys (theoretically) top tier money management, because there’s enough money in the group such that the cost to pay such a person isn’t prohibitive, as it is to average investors on their own. Furthermore, there is no need to purchase an even number, or even an integer number of shares, so you can invest any amount that is at least whatever minimum the group agrees upon. You can typically buy mutual fund shares in increments as small as one one thousandth of a share, so if you want to invest $507.63 exactly, that’s not a problem as long as it’s above the minimum investment, or minimum additional investment, whichever is applicable.

Because there are costs to the group associated with adding a new investor or making a new investment, they do have rules about minimum initial investment and minimum additional investment. For some “no-load” funds, the minimum investment can be several thousand dollars. For advisors funds, where there is a sales charge, the minimums are typically smaller, something along the lines of $250 or $500, as the sales charges discourage short term trading. Indeed, some of the advisors funds will accept initial investments as small as $25, as long as you agree to monthly investments.

The math of mutual fund share price is mostly important to the accountants, not the investors. Initially, it’s quite arbitrary. There is a given pool of investment dollars, and the group, or investment company, decides that share price is going to be $10.00 or $25.00 or whatever. Note that, with mutual funds, there is no practical difference between $1000 buying one hundred $10 shares or forty $25 shares. It’s just a matter of record-keeping. There is a minor record keeping argument for setting initial share price low, but it’s mostly important for record keeping.

During each trading day, the number of shares is kept constant. Whether or not there is any trading activity, any new investment, or any redemption, the number of shares stays constant until the end of the trading day. At the end of the day, the fund computes the value of the underlying investment, divides by the number of shares for that trading day, and that becomes the share price. At this point, the end of the trading day, any redemptions or new investments take effect If someone wants to redeem a given number of shares, the company sends them share price times number of shares. If someone wants to redeem a given amount of money, the fund divides that by the share price and redeems that number of shares. If someone invested money in the fund that day, the purchase takes effect at the end of day price. You can buy a given number of shares (providing you sent them at least enough money) or, more commonly, you can invest a certain number of dollars, which will be divided by the share price to calculate the number of shares you bought. For these reasons, among others, short-term trading mutual funds of any sort is a pointless way to waste money, and Exchange Traded Funds are a method for extorting money from the gullible (If you must day trade, S&P and similar option based alternatives are superior). Mutual funds are for investors who intend to hold for a while.

As time goes on, there are several sorts of events that influence share price. First off, that the underlying pool of investments fluctuates in value, going up and going down with supply and demand. This happens whether that investment is bonds, stocks, or both. Bond prices and stock prices change every day, with supply and demand and market conditions. Always, within a given day, the number of shares in the fund is constant. At the end of the day, the effects of the market and any trading the fund did are taken into account, and the end of day share price is computed, and all of the day’s transactions in shares take place at the end of the market day. In order to be processed by the fund on that day, any orders to buy or redeem shares must be received by the fund prior to market close, or they get the next day’s share price. There have been people criminally convicted and sent to jail on this point, for gaming the share price.

The second thing that happens to influence share price is income. Every so often, one of the fund’s underlying investments will pay a dividend (stocks) or make an interest payment (bonds). Each one of the fund’s shares (not shareholders!) is entitled to an equal share of this money. Say that the fund gets a million dollars over the course of a certain period, and there are ten million shares outstanding. Each of the shares will get a payout of approximately ten cents. I say approximately, because there are other concerns involved. Now, because this money has been received over a period of time, and until the payout was included in the overall value of the fund, the price per share will be reduced by whatever the payout is (and all funds hold at least a small amount of cash). So if the price per share was $15.00 before a $.10 per share payout, it will be $14.90 afterwards. Some shareholders will have elected to receive income in cash, and some will have elected to have it automatically reinvested (each share’s payout purchasing 1/149th of a share in this example), but in either case, this has tax consequences for the investors unless they made their investment from within a tax deferred account such as an IRA (among many others), and the money remains within that account.

The third thing that has an impact upon share price is capital gains (and losses!). If the fund invested $1 million by buying 50,000 shares of ABC company at $20 per share, and ABC company goes to $30 per share, the value of those shares has increased to $1.5 million. So long as the fund management holds onto those 50,000 shares of ABC, it’s just a paper increase, and if there are ten million shares of the fund outstanding, that means that each share of the fund effectively owns fifteen cents of ABC, and five cents of that is an unrealized gain.

But let’s say that the share price of ABC goes to $50 per share, and the fund management decides that it’s time to sell those 50,000 shares. Now they sold for $2.5 million, and of that, they cost $1 million to buy (This is usually stated by saying that those 50,000 shares had a basis of one million dollars) But the remaining 1.5 million dollars is profit for the fund. If there are still ten million shares outstanding, that’s a 15 cent per share capital gain. Assuming there are no other capital gains or losses for the period, the fund declares a fifteen cent capital gain. Just like income received, if the share price was $15.15 before, it will be $15.00 after. Some investors will have chosen a payout, and some will have chosen to reinvest. The ones who have chosen a payout will get a check of fifteen cents multiplied by however many shares of the fund they own, while the ones who have chosen to reinvest will each get one one hundredth of a share per share they already own. Whichever they have chosen, unless the investment comes from and remains within a tax deferred account such as an IRA, there will be tax consequences for the individual investors.

Most mutual funds are not “stand-alone” investment companies. They are members of a family of funds, theoretically investing only in a particular investment niche. This allows the entire fund family to amalgamate their marketing efforts and administration. Particularly with advisory funds, most investors should find a single fund family that meets their needs to stay within, in order to minimize sales charges. The family may or may not have input as to a given fund’s management team. Nonetheless, each fund has its own board of directors, and there is not usually anything legally binding a particular fund (“investment company”) to a particular fund family if the investors and fund management really want to leave.

Now there are some potential weaknesses of mutual funds. The fact that there are tax consequences for investors is not an issue while still holding most other sorts of investments, at least not to the same degree. So most mutual funds find themselves with incentives to do something, or not do something they would otherwise have done, due to tax consequences to their investors. Furthermore, most mutual funds are way too dilute. The optimum number of investments, according to mathematical models, is between twenty and thirty, and given that the overwhelming majority of investors who invest in mutual funds have invested in several different ones, a smaller number of investments per fund is more appropriate than a larger number. It being that time of year right now, I just got a statement from one of my funds listing over 400 holdings. There are reasons I continue to invest in that fund and that family, but I’m certainly not happy about that aspect.

Nonetheless, even with these weaknesses, a mutual fund’s ability to deliver immediate diversification, economies of scale, and professional management with only a modest investment, well within the capabilities of beginning investors, are excellent reasons why most investors should strongly consider them as an investment vehicle, especially starting out. That they are also very liquid, and not subject to large purchases and redemptions significantly influencing share prices, can give even a large investor with “high risk” predilections reason to park money there for a time.

Caveat Emptor

Zero Cost Real Estate Loans

Got a question asking if zero cost loans really exist. They do. I’ve done several dozen myself, for clients who listened to me about the nature of the market.

Let me define what a zero cost loan is. It is a loan with a higher rate deliberately chosen so as to get a high enough rebate, or Yield Spread, to cover not only the loan provider’s margin, but all closing costs you would normally have had to pay as well. So that except for any cash you get, your loan balance should not increase by a single penny.

Even on a zero cost loan, you’re likely going to write a check or even more than one, but they are for things like Prepaid interest. Prepaid interest is not a cost; it’s paying money that you would have owed anyway in a slightly different manner, a little sooner than you otherwise would have, and you will get it back by not having a payment the next first of the month. Matter of fact, prepaid interest is the reason there is no payment due on the first of the next month. You’re not skipping a payment. You never skip a payment, and any contention to the contrary is reason enough not to do business with that particular loan provider. You generally have the option of rolling prepaid interest (along with other prepaids) into your mortgage, but then you’re paying interest on it and it’s stuck in your balance forever. Ditto an impound account. That is your money, not a cost of the loan. We are talking zero cost here, which is an entirely different thing from the lender absorbing money that you would have had to pay anyway. But in a true zero cost refinance, no money gets added to your loan balance. $X before the refinance, and $X after, not $X+6000. You will likely need to pay for the appraisal (if required) out of pocket when the appraiser comes out, but you get that cost refunded upon funding for a net zero out of pocket. True zero cost. This does entail accepting a higher rate, and therefore higher payments than you might otherwise have gotten, but if you only intend to keep the loan a relatively short period of time, you start ahead by doing this and there is not enough time for the lower payments to break even. For instance, a while back I had a par rate of 6.25% on a thirty year fixed loan, but providing your balance was at least a couple hundred thousand, I could do 6.625% for literally zero cost. If you were planning to sell in two years but your current rate was eight percent, as many people have nowadays, but their credit has improved now to where they qualify A paper, this saves them a lot of money for literally zero cost, so there are no “sunk costs” to “recover”; it’s pure profit from day one. I happen to think that with rates as volatile as they have been the last few years, it makes a lot of sense to choose a zero cost loan. If rates go down half a percent six months or a year from now, you can go get a rate that much lower for zero cost when they do. If you paid two points to get the rate, it’s going to cost you the same two points again to benefit by as much.

Now this is not to say that you shouldn’t be on your guard when someone talks about a zero cost refinance. What most lenders mean when they say “zero cost” is “No money out of your pocket.” But thousands of dollars (including multiple points) can still get added to your loan balance, where you not only pay them, you pay interest on them. Many lenders will talk about putting money in your pocket, when what they are doing is adding not only that money but all the costs and all the points to your loan balance, and people who have been doing this every two years wonder why their loan balance is ten times their original purchase price. I call these Stealth Cash Out Loans. There is no such thing as a free lunch. You paid for the cash out; you’re going to be paying for the cash out for many years, just the same as you paid for your closing costs in the previous paragraph with a higher rate than you would otherwise have gotten. The difference is that money added to your balance tends to stick around for as long as you own property, whereas a higher rate is over as soon as you sell or refinance that particular property. If you choose a zero cost loan, your balance should transfer straight across; you are continuing to pay it down as soon as you write the first check on the new loan. Whereas if you chose a loan that adds thousands of dollars in closing costs etcetera to your balance, it’s going to be years of payments before you’re back where you started. Here is a list of Questions to Ask Prospective Loan Providers in order to pin down what they are really offering.

A true zero cost loan not only has no net “out of pocket” expenses, it has literally zero added to your mortgage balance. They do exist, mostly for well-qualified A paper borrowers, despite what certain skeptics might say, and for most people who qualify for them, they are something you should strongly consider, whether you’re planning a purchase or a refinance.

UPDATE: Due to Dodd-Frank, these can no longer be called “zero cost loans” because they cost the lender yield spread – which is a red herring if ever there was one – but they are still zero cost to the consumer, and they still exist.

Caveat Emptor

What Pre-Approval For A Mortgage Loan Should Mean

People are understandably hazy on the difference between pre-qualification and pre-approval. Pre-qualification is a non-rigorous process whereby somebody says that based upon the information as presented to them, it appears you’ll qualify for the loan.

Pre-approval should be more rigorous. For A paper, it should mean that you’ve fed the final loan information, including qualifying rate, income information, credit, etcetera through one of the automated underwriting programs, and it has come back with an “accept”. All that is needed is the actual information on the property, and the actual underwriting.

Now due to the nature of the loan and real estate market, very few people actually get a pre-approval. Why? It costs money to do all of that, and takes a lot of time. Furthermore, it’s based upon a qualifying rate. If rates go up, you have two choices: live with a higher rate or pay more money to buy the rate down, and sometimes no matter how much money you pay, the old qualifying rate isn’t available. You can’t lock the loan with any lender that I am aware of until you have a specific piece of real estate, so your rate will float between pre-approval and a fully negotiated agreement to purchase.

Furthermore, people have an unfortunate habit of stretching to the very limit to buy more house than they should. If you attempt to build in a little margin on the pre-approval, you’re going to qualify them for less money than someone else.

Now with sub-prime lenders, they don’t have Fannie and Freddie’s programs to fall back upon, and if Fannie and Freddie will approve you, you shouldn’t be getting a sub-prime loan. So in most cases, they have to go through essentially a full underwrite of the file, and agree to pay a cancellation fee if you don’t fund within X number of months. Remember also what I told you about having an underwriter do part of their work now, part later. Every time they pick up that file is a real possibility that they will find something wrong that is a good reason not to fund the loan, or imposing a condition that the borrower cannot meet. Result: Dead loan, and in this case where you thought you had it covered, it really ticks off the client, understandably so. I’m a broker; I can always submit elsewhere, but direct lenders are stuck, and the client doesn’t exactly like paying that cancellation fee, either.

Now many seller’s agents are getting tired of getting left at the altar because a pre-qualification means so little, and are starting to demand a pre-approval with offers. Maybe a couple of years ago they would have gotten it; not in the buyer’s market we have today. I submit an offer on behalf of a client, they are required to submit it in any case. In today’s buyer’s market, sellers are (or should be) eager to accept any qualified offer, but most seller’s agents wouldn’t know what a qualified buyer was if it bit them. Income documentation? Credit Score? Debt to income ratio? They are happily clueless, and they don’t know how to negotiate for an appropriate deposit, with appropriate controls on who gets it and when. Furthermore, they don’t want to drive off potential buyers, although this is exactly what requiring a pre-approval does. A good buyer’s agent knows better in this current market, knows they aren’t really necessary no matter what the listing says, but on the other hand they don’t want to waste time with an unqualified buyer in the first place, and many of them have no more clue than listing agents what a qualified buyer looks like.

I’ve told you before that a large number of listing agents are lazy clods whose skills are mostly limited to getting the seller’s signature on the listing agreement. They don’t want to do the work they have more than once, and will drive off willing buyers who actually are decently strong, hoping for someone like King Midas to roll in so they only have to do the work once. Never mind that if they do it right, most of the time the clearances and such only have to be done once. But in the current market, driving off any willing buyer with a decent chance of qualification is a good way to have the property sit for months. Every so often, when I’m calling around to check about showing properties, an agent will tell me that they have two offers. Right. After it sits for six months, suddenly two separate groups decide it’s worth buying when everything else on the market is languishing? If the two offers are real and not a figment of someone’s imagination, neither one of them is good, or it would have accepted it and the property would be in escrow. If such offers are real, they’re desperation checks from the sharks.

But even in a seller’s market, requiring a pre-approval is counterproductive, and may mean that you are disallowing the person who would give you or your client the best offer, and may indeed be a well-qualified buyer. Yes, it may stop you from dealing with some of the “riff-raff”, but the work it saves you could cost your client thousands of dollars, and you signed on to do that work. So if you’re a potential seller, ask questions about this potential situation.

Caveat Emptor

What I Look For In a Mutual Fund Family

Reading the papers, I see all kinds of garbage about mutual funds. Probably the biggest single piece of garbage is that only the so-called “no load” funds are any good. They focus only on the cost of the “loaded” fund, as if there is no benefit to be had from the fact that the “load” pays a professional advisor to help you out. Indeed, it has been well established by DALBAR that net returns of investors with paid advisors, in aggregate, tend to significantly outperform those of investors without.

It’s not just investment knowledge, no matter how much people protest that they know every bit as much as the professionals. If you aren’t, you don’t. It’s investor psychology and not being so emotionally involved in the problems and knowing what to do in the first place so as not to spend so much of your money on basic mistakes. This isn’t play money you’re working with, and if it was, the experience wouldn’t help when it came to making real investments. When you don’t get do-overs, and the time you’ve lost and wasted is the worst thing about the situation, and when the average investor makes three avoidable mistakes costing twenty percent or more of their portfolio value, five percent plus a quarter of a percent per year doesn’t look like such a bad investment. On the same theory that a lawyer who represents himself has a fool for a client, show me a financial advisor who handles his own “big money” without paying for advice and I’ll show you an advisor to stay away from.

With that said, some people are bound and determined to do it all themselves. That’s fine, so long as you admit to yourself that it’s likely to cost you money, and that the ego thing is more important to you than the money.

What I look for, what most professionals look for, in a mutual fund family, is three things. Good Asset Class coverage. Sticking to a fund’s stated modes. Willingness to change a fund management if the performance lags the class over time.

Good Asset Class coverage has to do with the standard categories of funds. Small versus large versus mid cap. Value versus Income versus growth. Bonds versus stocks. I want to see funds within the family that “hit the corners”. Large Cap Growth, Small Cap Growth, Large Cap Value, Small Cap Value, Investment bond, Government bond, “High Yield” bond (aka “junk”), Income, and preferably multiple international choices as well. I may not put money in every category, but I want it available to me. I insist that Value be Value, not “growth and income.” Real Value funds are harder to “sell” laypersons on, but long term, they tend to outperform growth.

The second thing I want is that the management sticks with the fund’s asset class, and doesn’t play funny games with the definition. I don’t like funds that break type to chase today’s returns. A full explanation as to why is beyond the scope of this essay, but For a quick illustration: A few years ago, there was a very hot no-load fund family. Literally top of the demand curve. Everyone wanted their funds. They advertised like hell to attract business, and it worked. They got almost fifty percent of the money coming into mutual funds for a while – and every single fund of theirs put their money into basically the same companies. I did a comparison on them and could not find two of their funds with less than a forty percent investment overlap. This was basically using increased demand to drive price, and hence, temporary paper returns. But this couldn’t last, and they went from being the darlings of the market to absolute bottom in one year.

The third of the most important things that I look for is willingness to replace a bad fund manager on behalf of the family management. I’m not looking for immediate replacement if they lag the class for one quarter. I’m looking for family management that is willing to replace someone that consistently lags the class over time. This is harder to get than you might think. Typically by the time that someone has risen to fund manager, they’ve been with the family for a while and know where most of the bodies are buried. “Charlie” who heads the family goes golfing every week with “George” who’s doing a rotten job and deserves to be replaced, but you don’t fire your golfing partner. It’s all among friends, right? Well, no. It’s my money this clown is wasting.

There are a couple other things that are highly beneficial. Limited number of investments, preferably a maximum number set in the prospectus. Twenty to thirty investments is the optimal tradeoff between diversification and dilution, and most funds are too dilute. Availability of Sector funds is also a big plus. But none of them is as important as the big three.

Caveat Emptor

What Fees Can You Recover If Your Loan Is Denied?

“What mortgage fees can i recover after loan denial” was a search I got. The answer is basically, “None.”

Indeed, one of your search criteria should be mortgage providers that don’t charge anything up front, except maybe a credit check fee. Those are about $20, and you should be prepared to spend that $20 several times over while you’re shopping lenders. If you’re worried about twenty dollars when you are applying for a mortgage, chances are that you shouldn’t apply.

Now many lenders want you to make a deposit that varies from a few hundred dollars to one or even two percent of the loan amount. Deposits are charged by lenders who want to get you committed to the loan, and they do it for at least two reasons. The first is psychological commitment. Usually when I mention things like that, I get people who immediately come back with, “Those kind of mind games don’t work with me!” I’m not looking for an argument, and with most folks, I don’t know their past history well enough to come up with an example, but this phenomenon is essentially universal as far as humans go, and those few not subject to it are probably suffering from some other more debilitating psychological problem. In fact, the normal progression of a loan is a series of commitments upon your part. The decision to talk to potential providers. The application.

After the application, lenders want the originals of your documentation and money. The original documents are requested so that you cannot shop or apply for a loan elsewhere. I, as a loan officer, do not need your original documents for anything I can think of at the moment. I need the original of the loan application and a couple other items you fill out with me, but not of your pay stubs, your taxes, your insurance bill, or any other documents you have pre-existing. Copies are just fine for any lender I do business with, so long as they are clean and readable.

The next step is to get money out of you. If all they want is the credit report fee of about $20, that’s fine and normal. Credit Reports cost money, and if you’re just shopping around, a loan provider has two choices: raise their loan prices slightly so that they charge those people who finalize their loans more, or charge folks whatever the cost is to run credit when they apply.

But many loan providers want more than the credit check fee. A lot more. They want a deposit that varies from several hundred dollars to one percent of the loan amount, even two percent in some cases. They might say it’s for the appraisal, and usually at least part of it does go to the appraiser. Nonetheless, you should not give it to them. I’ve had my clients tell me about the tales they’ve been told, about how that money is to pay the appraiser. The appraisal should be paid for when the appraiser does the work. As I’ve said before, you want to be the one who orders the appraisal, and therefore controls it. I’ve had clients tell me about loan providers who only use “in house” appraisers. Well, those “in house” appraisers are drawing a salary and requiring “in house” appraisers is usually indicative of lenders who aren’t competitive on price.

The reason they really want larger amounts of money out of you upfront is two-fold. First, it builds that psychological commitment I talked about a while back. Second, it makes you financially committed to a loan, which tremendously raises the level of psychological commitment. It means they’ve got some of your cash. Most people don’t really understand loans, not deep down where it really matters. Consider, for a moment, which you would rather have: $400 cash, or a loan that costs $5000 less (not so incidentally making a difference of $25 on the monthly payment), but is otherwise identical. Dispassionately sitting there on the monitor in front of you, the choice seems obvious. You’re going to have to pay that $5000 back sometime, and in the meantime you’re paying interest on it. But move it to a situation where these potential clients have already put down a $400 deposit with an overpriced loan provider, and the vast majority of them won’t sign up for my loan, even though I’m willing to guarantee my loan quote and the other company isn’t willing to guarantee theirs. Why? Because they’re thinking of that $400 in cash that came out of their checking account, not the $5000 in extra balance on their mortgage. Companies want that deposit to stop you from going elsewhere, to a loan provider that can do the loan (or, more importantly, is willing to do the loan) for much less money. Practically speaking, they’re not only guaranteeing themselves a certain amount of money, they are guaranteeing that the client won’t change their mind about their loan.

So do you get it back if the loan is denied? Nope. At least I’ve never been told about an instance where it happened. That money was a good faith deposit. Legally, it was an incentive for that loan provider to do the work of that loan, all of which costs money. Provably costs money, I might add. The loan processor doesn’t work for free. The underwriter doesn’t work for free. The escrow officer doesn’t work for free. The appraiser doesn’t, the title company doesn’t. Nobody works for free. Phone calls and copies and word processors to generate all of your documents from the title commitment to the loan documents. Some documents are the same for every loan and can be computer generated. Others, like the title commitment, require humans to enter literally everything on them.

Now, a deposit isn’t necessary. In fact, you can find loan providers out there (I’m one of them) who routinely work the whole loan on speculation of it funding. They might ask you to pay for the credit report up front, but everything else is paid for as the work is done. You write the check to the appraiser when they do the work. You might ask the advantages to the consumer of this. That advantage is that these loan providers are not holding your money hostage. This means that if the loan falls apart because the loan provider told you they could do the loan and they couldn’t, they’re out the money, not you. This means that if you find a more competitive loan, there’s no reason why you can’t apply for that one instead. This means if your back up loan is ready to go and this one isn’t, all you’ve spent is the $20 for a credit check. You’re not out hundreds to thousands of dollars that were in the deposit.

So if a loan provider asks for a large cash deposit up front to begin the loan, chances are that you shouldn’t give it to them. Particularly if they won’t guarantee their loan quote, chances are they are trying to lock you into their loan by holding your money hostage, and when you discover at closing that they tacked thousands of dollars onto the loan charges that they conveniently “forgot” to tell you about or pretended didn’t exist (“Escrow’s a third party charge. We don’t have to tell them about it until afterwards”), and now you are facing a choice between forfeiting your deposit and signing off on a loan that’s not what you agreed to when you gave them that deposit. Better not to face that choice, by not agreeing to pay anything beyond the credit fee up front.

Caveat Emptor

“We’ll Beat Any Quote” in Mortgage Loans

Just like “we’ll beat any deal!” in any other competitive sales endeavor, this is a game. Actually, it’s even more of a game for loans than it is anywhere else, used cars included. What they are hoping is that you’ll go there last, and tell them what the best thing you’ve been quoted, and then they can sell you on their loan and most people will go with them, because “we’re here, not there.”

The first issue is that anyone can give a low quote. It’s like the old joke, “Your lips are moving.” Unless they guarantee that quote, that’s all they’re doing: flapping their gums. All a quote is is an estimate, and I’ve more than adequately covered the games it is legal to play with a Good Faith Estimate (or MLDS in California). By itself, A low quote means nothing. Loan officers can, legally, quote you one loan and deliver a completely different loan at a completely different rate with a completely different (higher, or course) closing cost. Without some kind of Loan Quote Guarantee, a quote isn’t worth the paper a verbal contract is printed on.

The second issue is that even if they are quoting a loan they intend to deliver, unless they are quoting to the exact same standard, the quote game favors the lender who pretends third party costs don’t exist, who pretends that you’re not going to get zonked for the add-ons that you are going to get zonked for at the end of the process, the lender who quotes based upon a loan that you do not qualify for. Are you going to pay these costs? Absolutely. Would you rather know about them at the beginning, so you can make an informed choice, or get blindsided at closing (assuming you even notice)?

The third issue is that they are looking for safe harbor, and they’re hoping you give it to them. If someone brings them everyone else’s quotes, they know what everyone else has talked up, how big the lies are that the prospect has been told, and they just have to tell one that’s a little bit better. This is trivial when you’ve got all that information you’ve been freely given. This is called false competition. You’ve metaphorically given them a mark, and told them to “tell a more attractive story than this one.” Easy enough in a storytelling context – tell the same story with a little more sex – and even easier with loans.

A good loan officer has no need to know what quote you’ve been given to tell you what the best loan they can deliver is. Tell them to quote you the best loan they can without this information. Ask them if they’ll guarantee that quote, because a quote that isn’t guaranteed – as in they pay any difference, not you – is worthless. That’s how you can choose the best rate that can really be delivered, not by allowing someone the advantage of knowing how much they have to lie to get the business.

Caveat Emptor