Relocation Issues and Some Developer Issues

From an e-mail:

I live in (City 1) and recently signed a work order on a semi-custom new contruction house in (City 2). My wife and I make a combined 120K income and still can’t afford a decent place in City 1. It was preapproved rather quickly from both the builder’s mortgage company and a few outside companies and everything was moving along splendidly, until my employer decided to refuse to transfer me (something we had mutually decided on back in April). To make a long story short, the house will be built and ready to close in early November and 2 of mortgage companies are asking for a Relocation letter from my employer. Seeing as how I make 66% of the 120K combined salary, my plan is to tough it out here until I find (1) a job in City 2, or (2) a job here that will transfer me to City 2. My question is, if I can’t supply them with a relo letter am I dead in the water? Do I have to scrap the loan (primary residence) and try to get a second home or investment loan? The broader question here, is how critical is any piece of documentation? Obviously W-2s and bank statements can be deal breakers, but what about the other stuff? I.E. relo letters, proof of homeowners dues, etc etc.


First off, you have an obvious potential issue with your current employer. If your work order was predicated upon a promise of transfer, you may have a case against them if you want one for the amount of any money you’re out. Consult an attorney, preferably one that is licensed in both states. Obviously, this poisons the atmosphere, so you may not want to. On the other hand, you may have decided by now that you are done with them one way or the other.

Second, getting to the item of contention, the relocation letter. Every lender’s guidelines are different. You didn’t say how many lenders you had applied with, but few people apply for more than two loans. Any item the underwriter asks for can be a deal-breaker, especially if you can’t provide it. What the underwriter is looking for is a coherent picture of someone who is going to be able to repay the loan. If the loan underwriter doesn’t see a coherent picture of you being able to repay the loan under the circumstances it was submitted under, the loan will be declined. The underwriter can ask for anything they want. They can ask for proof your father gave birth to identical triplets, if they think it has some bearing on the loan. If you cannot furnish them what they want, and your loan officer can’t shake an alternative or an exception out of them, the loan is dead.

Now they’re not likely to ask for proof of something impossible like my example. Everybody has a biological father, so it’s not discriminatory on the face of it. They’re certainly not going to violate anti-discrimination lending laws by asking for something based upon race or sex. However, if the underwriter approves loans that go sour, they can expect to be held accountable by their employer, and so they require and are permitted a certain degree of necessary latitude on additional requirements in order to do their jobs. If I tell an underwriter that I make $2 million a year in the stock market, I’d better be able to furnish proof. If it’s not relevant to the loan, I should keep my mouth shut about it because it’s asking for trouble. Never tell an underwriter anything not absolutely necessary for loan approval.

It’s a horrible lie about people from Missouri, but I tell people to think of underwriters as Missouri accountants. Their favorite sentence is, “Show me on paper.” All loan approvals are based upon the potential borrower and their current status quo. In other words, the situation as it is, not as you hope it will be someday. Yes, when doing Verification of Employment they ask about prospects for continued employment, but that’s just to establish that the employer isn’t willing to admit they’re about to fire you. They know that in the real world, people get told “Yes, we’re going to keep X here forever” and next week X is applying for unemployment.

What the underwriter is looking for is a coherent picture of you occupying the property and working at your current employer. You’re working in City 1 and living in City 2, which are not within daily commuting difference, but you applied for the loan as intending to make it your primary residence.

Given that they are requiring a letter of relocation, you have several options. I know it has happened in the past that employers who were not willing to relocate employees were nonetheless willing to write letters that said they were. This is stupid. This is fraud, and if the loan becomes non-performing the employer could potentially become liable for whatever the lender lost, not to mention that a lot of your protections as a consumer go out the window. Second, they could sign a letter that says you are going to be telecommuting from your new home. Yes, your job is in City 1, but you could legitimately be living in City 2 and still employed and doing your current job. Bingo, happy underwriter (probably). If your loan officers aren’t complete idiots they will have asked you about this, so I presume the answer is no.

So now we’re bringing in other issues as well. Now you have a husband living in City 1, while the wife and new home (and I presume wife’s job) are now in City 2. Fact: husband needs a place to live in City 1. “What’s that place to live going to cost him?” they ask. They take this answer and add it to the previously known total of your other monthly payments. Because you now have more in known monthly expenditures, now you may not qualify for the loan you were “pre-approved” for. Now, pre-approval doesn’t really mean diddly-squat, and the developer knows it, so they likely required at least a decent sized deposit from you, so if you don’t get the loan, you don’t get the house, and you may have a substantial forfeiture. See my first paragraph. Furthermore, some underwriters may see a potential divorce situation here, so they may ask for some kind of testimonial from third parties that you’re not getting a divorce.

Now, if you had a decent agent, he likely wrote your offer “contingent” upon your relocation. Unfortunately, if you’re buying from a developer, your agent probably works for the developer, and so didn’t do this. You may or may not have a case against the developer and the agent. Consult an attorney, but this is one area of many where buyer’s agents really pay off.

(Even if they’re inclined to trust me, I do not want to represent both sides in a sale, and will usually insist that one side go get another agent, or at least sign a release indicating that they realize I am working for the other party, not them, and have no responsibility as to their best intersts. As your experience indicates, too many actions are a potential violation of fiduciary duty to one side if you do them and to the other if you don’t. There are some agents who get greedy and do both sides, but usually they make their attorneys very happy. If your agent wants to do both sides of the transaction, that’s never a good sign.)

However, what I suspect you really want is the house and the loan you signed up for. So I’m going to go on that presumption.

You make $10,000 per month. You may be able to get a friend to rent you a room in their home in City 1 for fairly cheap, so that there is not enough difference so you don’t qualify for a loan. Several years ago before I met my wife, I rented a room out cheap to a friend who was in a situation not too different from yours. “A paper”, you are permitted up to about about a forty-five percent debt to income ratio, and it can go higher if you have a high enough credit score such that DU or LP (Fannie and Freddie’s automated loan underwriters) will buy off on it.

You could go to a different loan type, carrying a lower rate and hence a lower payment. Unfortunately, the debt-to-income limits on these are lower. Unlikely to work.

You could go to a “second home” loan. Unfortunately, the standards on those a a little tighter, and there may be an additional fee of a quarter point or even a half, and you’re still going to have to show the underwriter a residence in City 1, which means the payment qualification issue raises it’s ugly head here, also.

Finally, you can go to a subprime lender (where maximum Debt to Income ratio can be higher) or do a “stated income” loan. If you were working with a broker’s loan officer as opposed to a direct lender or packaging house loan officer, either would be no sweat – you might not even have to do another application. The broker would simply withdraw your loan package and submit it elsewhere. Unfortuantely, from a subsequent email, I know that you’re not working with any brokers. Well, the developer probably has a subprime lender on tap as well, so that may be a low stress option. On the other hand, if they are a different branch of the “A paper” lender, they may not be able to do your loan either. Or, if you’re lucky, the developer is acting like a broker in the first place rather than a direct lender.

One of the great rules of the business is that you cannot go from a higher documentation loan to a lower documentation loan on the same borrower at the same lender. If I submit to lender A “full doc,” I cannot then later submit it to the same lender “Stated Income.” The reasons for this should be fairly obvious, and this is a no-brainer without exceptions across the business.

For brokers, because the paperwork is in their name and not the lenders in the first place, this means no new reports. But since you’re not working with brokers, what this means is that you’re likely to need a completely new set of reports from the appraiser on down in the new loan company’s name. This may be done on a retyping basis if you are lucky (see my essay on appraisals), or you may have to pay for completely new ones.

I strongly advise you NOT to quit your job, unless someone a lot more familiar with your situation and prepared to take the consequences of being wrong tells you otherwise. Here’s why: You quit your job. Now you are unemployed. It does not matter if you’ve been doing what you’re doing for forty years. You are unemployed. As things currently sit, you do not qualify for the loan. Even if you’ve got a written offer of employment somewhere else, many lenders will not approve the loan until you have a paystub to show for it. Since this means waiting several weeks at least, it’s almost certainly outside your window of opportunity.

One final issue: here in California, it’s illegal for a developer (or anyone else) to require that you do the loan with them in order to get the property. But it happens anyway (I’ve been told point-blank by more than one developer’s agent that if the client doesn’t do the loan through them, the purchase contract will be cancelled. Many others won’t tell you point blank, but they throw obstacles up until you give up on the other loan), and it’s a long hard slog to prove legally and it costs you thousands and you still don’t get what you really wanted in the first place: the house you signed an order for. I am not certain the practice is even illegal in City 2, where you’re buying (although from some things I’ve heard about that state’s practices, I think it’s probably legal). So you probably want to be certain you’re not fighting the developer on this by finding your loan elsewhere. Unfortunately, you’ve already (probably) put a deposit down and you said in subsequent email that the home has appreciated while it was being built, so the developer has incentive to throw roadblocks in your path. Your transaction falls through and not only do they get to keep your deposit but they can turn around and sell the home for more. Preventing this kind of nonsense is what buyer’s agents are for (it also gives you someone easy to sue if something goes wrong!). Unfortunately, most developers will not cooperate by paying a commission to buyer’s agents for precisely this reason, which means that the average buyer will decline to pay an agent out of their own pocket and try to do the transaction on their own, which leads to situations like this.

Best of luck, and if this does not answer all of your questions, please let me know.

Appraisers Speak Out

I’ve spoken about these issues before in this post.

I’ve certainly heard of plenty of abuse on both sides of this equation, and there is plenty of motivation for lenders to abuse the situation by requiring a higher than “real” appraisal value. Still, I think that by reading only the comments from various appraisers one would get a skewed vision of what is going on.

It is the appraiser’s job to do their best to get a value that is useful. Theirs is a service occupation, just as mine is. I don’t expect to be paid if I can’t help the people with their situation. Sometimes I put in hundreds of dollars and dozens of hours of work and it all falls apart because of something beyond my control. Situations like this are part of being in business for yourself. I don’t expect to get paid when I can’t help the people. Why does the appraiser?

These houses are selling for these prices. If the last three similar houses in the neighborhood sold for $600,000, then this one is likely worth $600,000 also. When the appraiser tries to tell me a house that I’ve seen and is immaculate and further upgraded than than any of the last three is worth $150,000 less than those sold for, something is wrong, and it isn’t with the house.

Basically, what’s wrong is they don’t want to work. They want to be able to drive over and pop the customer for the bill and let the chips fall where they may. And if the house is really only worth $450,000, the house is only really only worth $450,000. But most of the time, if they worked a little bit, and maybe chose a different sale to compare to, they could justify the higher appraisal, but they don’t want to be bothered.

Let me ask you: Somebody bills you $400 or so for work that doesn’t help you and in fact makes all of the work you put in worthless, it makes you feel all happy, right? They knew before they went over and asked for the check that they weren’t going to be able to get the necessary value. You know something? I’d be more forgiving of him charging me $400 in those circumstances than charging my client $400. If the appraiser called first, and told me he couldn’t get value, that gives me a chance to re-work the loan and save everybody’s investment in this by talking to the client before the client has written a check for $400. If I can’t get the client to accept the new loan, at least they’re not telling people I screwed them out of $400 on the appraisal. That’s right, it’s the loan provider that gets the blame for this in the customer’s mind. If I tell them about a change before they spent $400, they’re not going to be as angry, and even if this loan falls apart they’re likely to tell people I was honest and saved them from being out $400 rather than that I took their $400 and didn’t deliver. As I think you might have gathered by now, I didn’t get that $400 – the appraiser who screwed the loan up did. If I can’t turn it into a new different loan, the appraiser is out a little bit of work. I’ve put ten times as much into making this happen. It’s much easier to tell the client their house is only worth $450,000 before they’ve written that check for $400. The check gets written, and the whole thing is gone up in smoke.

The appraiser, understandably, wants to get paid for their work. So do I. All I ever ask is that they don’t intentionally waste my client’s money. If they can’t get value, give me a chance to re-work the loan or find someone who can get value. In some situations on a sale, this allows me a chance to re-negotiate the price down so my client gets a better price on the house they want. If they just make the call that gives me a chance to fix it first, I will use them again. That’s the kind of appraiser I want to work with. But do a “hop pop and drop” (“hop on over, pop the customer for the bill, and drop a useless appraisal on the bank”) so that they get paid once while I’m stuck with a pissed off customer who is now going to tell all their friends and family what an awful person I am, and I think they’ve earned a spot on my personal blacklist of appraisers I will never do business with again. I’ll forgive it once, maybe even twice, if this appraiser has a history of calling me first and this time it just happened that they couldn’t get value when they thought they could. Treating your customers right is part of the requirements of being in business for yourself, and sometimes this means you did some work and didn’t get paid. You want a job with a steady income where you don’t take any risks, go find something with a w-2 involved, and the only risk you take is being fired. You won’t make as much money, but you will get paid for all the work that you do. For as long as they put up with you, that is.

Caveat Emptor

Games Lenders Play (Part II)

Here’s another advertisement that I’ve gotten in the mail within the last few days:

“Pick a Pay, Any Pay!’ The Revolutionary Option ARM!”

“Start rates as low as 1%!”

Loan amount $100,000 Payment $321.64
$200,000 $643.28
$300,000 $964.92
$400,000 $1286.56

Could this help save you money?


Let’s see, given the real rate on these, there is negative amortization of about $500 to start with per month on the $300,000 loan, compounded over the three years the pre-payment penalty is in effect. Cost me $19,000 to save this money – even if the underlying rate doesn’t rise. Not counting what it costs to do the loan. Or I refinance out of it and pay a pre-payment penalty of about $9200.

Doesn’t matter the friendly sounding name you give it. An option ARM is a Pick-a-pay is a negative amortization loan.

What this guy (in this case) is hoping is that you’ll be so enticed by this “low payment” that you won’t ask questions. These are easy loans to sell to people who don’t understand them, and impossible to those who do unless you’re the person it’s really designed for. Indeed, many prospective clients do not want the problems with this loan explained to them. It’s like they’ve chosen to be insulated from reality for a time.

But this is no surgical anaesthetic. Most folks are going to want to be homeowners for the rest of their lives, and unless your income has increased commensurate with your loan balance (and prospective interest rate increases) I guarantee you that the pain will go on for quite a long time after the time of “affordable low payments”. I’d rather not shoot myself in the foot in the first place.

You could also lower your monthly payments. Free yourself from high interest rate credit cards and debts with a loan that could reduce your monthly payments by hundreds of dollars and leave you with enough cash to buy a car, remodel, or pay property taxes. And don’t forget that mortgage interest is usually tax deductible. So you could save more at tax time.


This is all true – and only a part of the story. Remember that the easiest way to lie is to tell the truth – just not all of it. What they’re selling you is the seductive “cash now – pay later”. This was how you probably got into the situation they’re talking about. What most people do is then take the money out and spend it, and then when the payments get to be too much, refinance again. What are you going to do when the overall payments get larger (again) next time. What are you going to do when there’s no more equity? What are you going to do when you can’t afford the payments?

The consolidation refinance can be a real financial lifesaver, if you do it right, have a plan, stick to it, and pay everything off, or at least pay your mortgage down below where it was before you go acquiring more debt. Fiscal responsibility is not what they’re selling here.

You’ve earned a 30-day break from payments!


By rolling it into your mortgage, where you pay points and fees on it and the loan provider gets a bigger commission because of it. There is no such thing as a free lunch! You’ll be better off if you stop looking for it. The bank is never going to give you one day that is truly free from interest, much less thirty. And because you don’t make a payment now, you will be paying more later. Probably much more.

You’re probably going to see a lot of recurring themes when I do these quasi-fiskings. That’s because the lenders and real estate agents and everybody else keeps advertising the same misleading nonsense over and over and over again, they just say it in slightly different ways. As far as I am concerned, anybody who sends out one of these ridiculous things deserves to have their name engraved on my personal blacklist of people I will never do business with. I hope for your sake that you feel the same way.

Caveat Emptor

Debt Consolidation Refinance: Right and Wrong

There’s a lot that gets written on this subject, mostly by loan officers looking for business. Well, don’t think I’m not looking for business, but not with this post. Or if anybody calls me because of this, at least I’ll know they understand how to do it right.

The basic come-on is this: Your home has appreciated in value, and is worth more than you paid for it, so now you have equity on the one hand. On the other hand, you have loads of consumer debt, which is costing you hundreds or even thousands of dollars per month, which is impacting your lifestyle. So you borrow on the equity in your home and save money on your payments as well as causing them to be tax deductible in most cases.

Let’s illustrate with some numbers. Let’s say Arnie and Annie have a $300,000 loan on a home that they bought six years ago, and comparable properties in the neighborhood are now selling for $600,000. This is 300,000 in equity.

On the other hand, because they are american consumers, Arnie and Annie have a hard time living within their means. They’ve got $15,000 in consumer credit, a $10,000 home improvement loan, and two new SUVs with associated debt of $20,000 and $30,000. These are fairly typical numbers.

Arnie and Annie’s mortgage payments are currently $1720 per month, because they have a 5.25% loan. Their monthly payments on the credit cards are $400. The payments on the SUVs are $500 and $600 per month, respectively. The payment on their $10,000 home improvement loan for landscaping is maybe $150. Arnie and Annie are forking out $3370 per month without taking into account stuff like property taxes, insurance, utilities, etcetera. It’s really cramping their lifestyle.

Suppose they consolidate these loans into one payment on a thirty year home loan? All right, so it costs them anywhere from zero to $20,000 to get the loan done. Let’s split the difference and say $10,000. That’s about two points plus closing costs.

When I originally wrote this, that put the loan over the line into jumbo territory (Now it’s not, but I’m leaving it in to make a still valid point) of a $385,000 jumbo loan. Were this a conforming loan amount, the rates would be lower, but with a 30 day lock, that’ll get you 5.875% or thereabouts today on a thirty year fixed rate loan. The new payment is $2277. Voila! Despite the higher interest rate, Arnie and Annie are saving almost $1100 per month!

Or are they? On the credit cards, their monthly interest was $225; their $400 payment would have paid the cards off in less than five years. The interest on the SUVs was $333 total on the two, and their payments would have had them done in about five years. The home improvement was a ten year loan but even so their monthly interest was only $75. Now these are all thirty year debts. The monthly interest on their old home loan was $1312. The interest charges on their home loan is now $1884, where total interest was $1945 previously. So they are actually saving money on interest.

The difference is that now they’re not paying the old loans off as fast – they’ve spread the principal over thirty years. In the meantime, the bank is getting all this lovely money in the form of interest from them, and if they refinance about every two years as most people seem to do, this is $85,000 more that they owe on their home, and that Arnie and Annie will pay points and fees on every time they refinance!

Let’s assume Annie and Arnie beat the odds and don’t refinance for five full years. This puts them ahead of 95 percent of the people out there. Let’s look at where they’ll be five years out if they make the minimum payment. They will owe $357,700 on their home. On the plus side, they will have had $66,000 to spend on other things (and they likely will, if they are typical Americans). Total debt: $357,700

If they had continued making their previous payments, they would now owe $272,100. Plus they would be done with the SUV’s and the credit cards and would only owe $6600 on the home improvement loan which they could now concentrate on. Total debts: 278,700.

Net difference: $79,000. Subtract that $66,000 they had real good time with (and nothing to show for), and they’re still $13,000 in the hole.

They do have a $572 per month potential additional deduction. Assuming they are in the 28% tax bracket and get to deduct the full amount, that gives them $9,600 less that they owe the government in taxes. Net amount Annie and Arnie are out are out: $3400, in addition to being set up for higher fees on future loans, and having a loan balance $77,100 higher. Additional interest they will pay if they can get a loan at 5 percent even: $3855 per year.

Sounds like an awful bargain doesn’t it? Many consumers have done this three and four times. I run across people who bought their home in the early 1970s, and have mortgage balances ten to twelve times the original purchase price.

Now, suppose instead of treating it like a cash flow issue, where we’re trying to minimize our monthly payments, we do it differently. Same situation, same numbers, but instead of spending that $993 per month, we use it to pay down our mortgage.

Actually, let’s pay $3300 per month, so we still have $70 per month to spend elsewhere. After five years, we still owe $286,600. We got $4200 to spend elsewhere. And all of our other debts are gone. In addition, we got that $9600 in tax reductions. Net amount to us: $5800, although we still owe $8000 more, and if we get a 7% loan, that’ll cost us $560 per year.

Now, let’s say we keep making that $3300 payment, and don’t roll anything more into the loan. We are done – the house is paid off – in less than ten more years! Now this relies upon us being thrifty and keeping those SUV’s going and not charging up any more credit and not doing anything else to make the debt worse.

So you see, even if you do it right, given the market conditions today, it takes years to show the benefits of this kind of refinance. This is years of doing something that they do not have to that most folks just won’t do. If you have an unsustainable cash flow situation, by all means you’ve got to do something about it, but don’t kid yourself that it’s financially fantastic.

Now this hypothesis is highly sensitive to initial assumptions. I previously assumed that Annie and Arnie are and always have been top of the line borrowers, able to qualify for anything. Suppose they weren’t? Suppose they were in a C grade loan at 7.25%, but now they qualify A paper at 5.875. With a payment of $2070 per month formerly, of which $1812 was interest, the new loan saves them $1450 per month in minimum payments and $561 in actual interest while still saving about $1209 on their taxes over five years. You’d have owed $288,000 on the old program, now even if you put in only the same $3300 per month in payments, you’re $1400 ahead of where you would have been on the balance, and you still had about $400 per month to spend. On the other hand, if Annie and Arnie were A paper but now they are applying for a C grade loan, it cannot be justified on anything except “the cash flow keeps us out of bankruptcy!” because it’s financial disaster.

Some alert people will have noticed I didn’t explicitly include the $10,000 cost of the loan in the computations of whether you’re better off. That’s because it is gone, sunk, included in the computations of where you ended up. It was part of your initial loan balance if you did it, included in the ending balance, and therefore included in the computations of whether you were better off.

The important thing to remember is to not get distracted by the fact that your minimum monthly payment goes down, and see if you (and your prospective loan officer) can come up with a loan and a plan that really makes you better off down the line, instead of one that sucks the life out of you financially, like many of these scenarios do.

Caveat Emptor

UPDATE: I got an email asking if the cost of doing it was actually lower, would it be more likely to be worthwhile. The answer is yes, and those are typically the consolidations I recommend people doing, even though the rate and payment are a little higher. There are other tricks as well to put yourself in a better position.

When You Can’t Make Your Real Estate Mortgage Payment

I’ve written a lot here about how to manage your mortgage so that you control it instead of it controlling you.



Let’s consider what happens when that project fails.

If you don’t pay your mortgage, on time, no big deal at first. Fifteen days later, the first consequence is that you owe the lender a late payment penalty. Four to six percent is what is typical, depending upon where you live. Here in California, it’s four percent. Doesn’t sound like so much, but four percent for fifteen days is the equivalent of ninety-six percent annualized interest, over three times the most horrible credit card I’m aware of. I don’t like paying ninety-six percent interest, and neither should you. Don’t get fifteen days late if you can help it. But once you’ve paid the penalty and brought yourself current, nobody knows and nobody cares.

Suppose you get to thirty days delinquent – one full month. At this point longer term consequences set in. First off, your lender marks your credit as being thirty days late on your mortgage. This is a big negative as far as everyone goes, and can easily make a difference of 100 points or more on your credit score. Additionally, if you are applying for a mortgage loan (or plan to), you just got a “1×30”. For A paper, this means that if your credit is otherwise excellent, you barely slide through. For subprime, this makes a difference on your rate. It takes two years for this to work its way out of affecting your mortgage application, even if your credit score recovers.

Most people end up being thirty days late for several months in a row, each month hurting their credit score, before it goes to sixty days late. They missed one payment and struggle but manage to make several more before they miss another. Occasionally, they go straight to two months late. Either way, it’s a Bad Thing. A single “1×60” might scrape through A paper if there’s no cash out and your credit is otherwise perfect. Otherwise you are subprime for at least two years. In the subprime world, a “rolling 30” is generally not as bad as a 60 day late, but both are steps down from even a “1×30” and a “rolling 60” is worse. It gets worse yet if you pay your way current and then backslide again. And of course, you are paying penalties and interest is accruing on your loan and you’re falling further behind every time you are late. So none of this is good.

On the other hand, depending upon the state you live in, until you get to ninety or 120 days late the situation doesn’t become dire. Each state’s foreclosure law is different, but once the lender has the option of marking you in default, the situation gets uglier. It is a common misconception that lenders like foreclosing. In actuality, only so-called “hard money” lenders will usually start foreclosure immediately upon eligibility, especially if you’ve been talking to them about your situation. If they have some real reason to believe yours will eventually become a performing loan again, they will cut you significant slack, by and large. It costs lenders a lot of money to foreclose and there’s always the risk they end up stuck with the property, so they’ll usually give you as much leeway as they reasonably can. One thing I keep telling people who want a loan approved based upon the equity in the property alone is “The lender doesn’t want your house. They want to make loans that are going to be repaid. The lender is not in the business of foreclosure. They don’t make any money on it.”

Nonetheless, even the most forgiving lender is going to eventually hit you with a Notice of Default. At this stage, things are starting to move towards a resolution that nobody likes, but you least of all. At this stage, you are now liable for a large amount in extra fees that was written into your contract to cover the lender’s cost of going through the foreclosure process. At this point, the lender has the right to require you to pay the loan all the way current, with all fees, in order to get them to rescind the notice. Refinancing becomes almost impossible, except with a hard money lender, and unless something about your situation has changed from what caused it to get to this point, that is only delaying the inevitable and making it worse.

As soon as that Notice of Default is recorded, you are going to get calls and letters and everything else coming out of the woodwork. One category is going to be lawyers, who will typically tell you they can keep you in the house a long time without payments by declaring bankruptcy. Well, this is true as far as it goes, but it’s not going to make the situation any better. As a matter of fact, it will steadily get worse. Just because you go into bankruptcy doesn’t mean that the penalties and fees and interest go away or stop accruing. They are still there, and they keep coming. I’m not a lawyer, and you should consult both a lawyer and an accountant if you are in this situation. Nonetheless, bankruptcy is not something I would even consider in this situation without something highly unusual going on.

The second group that will contact you are the “hard money” lenders, looking to lend you money at 15% with five points upfront and a hefty pre-payment penalty, to buy your way out of the situation. Once again, unless something about your situation has suddenly changed, not a long term solution, and it only makes it worse.

Another group that’s going to call is investors looking for a distress sale. They want you to sell it to them for less than it would otherwise be worth. This is actually something I might consider. Yes, I lose some money, but that’s better than going through denial with the lawyer for a year and a half while any equity I might have left gets frittered away in interest and fees and penalties, not to mention paying the lawyer.

The final category, and one with a significant overlap from the previous, is real estate agents looking to sell the property for you. Assuming I’m not deep in denial, this is probably the best option as to least unfavorable resolution. The drawback is that it depends upon whether somebody will make an offer in a timely fashion, a factor which is not under my control. No matter how great the price, no matter how hard my agent works, there might not be an offer. It happens.

If you do nothing, eventually a Notice of Trustee’s Sale will follow the Notice of Default. In California, seventeen days after that happens, the property gets sold at auction (unless you’ve somehow brought it current). There are some protections in place here in California. The lender must perform an appraisal, and for the property to sell at auction, the minimum bid is ninety percent of this amount. Nonetheless, these are typically very conservative appraisals by design. At this point, the lender wants the property sold at auction, because if it doesn’t sell, they own it, and they don’t want to own the house. They are in the loan business, not the real estate business. So a house that may be actually worth $500,000 on the open market gets appraised at $400,000, and sold for $360,000. If the loan was for $250,000, that’s $140,000 of equity you allowed to be taken from you because you were in denial. And if the loan with penalties and fees and interest was $450,000, that’s worse, and not only because you forfeited $50,000 you could have gotten, and not only because they may be able to go after you in court for their loss in some states.

You see, because the lender took a $90,000 loss, they want to write it off on their taxes. And in order for them to do this, they have to hit you with a form that says you got away with $90,000 from them. This is taxable income!. So the IRS comes after you for the tax on the $90,000. IRS liens are one of the things that is not discharged by bankruptcy, and it stays with you forever. Ten years absolute minimum for any purpose. Sometimes your lawyer, CPA or Enrolled Agent will get you an “offer and compromise” that cuts your liability, but that’s technically taxable income also and may be subject to another round of this crud. It it seems like to you the system is rigged so you can’t win, you’re right.

The smart thing to do? As soon as you realize that you can’t make your payment, take a long look at your situation and decide if this is something that’s going to get enough better to make a difference, or not. Then figure out how much equity in the property you have.

If the situation is likely to improve, and you’ll start making your payments in thirty days because hey, you just started your new job, that’s one thing. Truthfully, however, most folks lie to themselves on this issue, for a variety of reasons. Remember: Denial Digs Deeper, and makes the situation worse.

Even if selling the property isn’t going to net you anything, it’s still worth doing as it gets you out from under the situation. Your credit score stops dropping, you quit getting marked late by your lender, you quit getting socked with penalties and interest and fees you can’t pay.

Particularly if you have significant equity built up, the sooner you contact a real estate agent to sell, the better off you will usually be. You are likely to lose the house anyway. The sooner you sell, the lower the penalties and fees and extra interest you are charged by the lender will be. This translates into dollars in your pocket – dollars you are likely to need. If you can sell before the Notice of Default is filed, so much the better, as that’s thousands of dollars right there. You don’t have the luxury of taking your time about it, though. Taking the first reasonable offer is highly advised, and you have more time to get a reasonable offer if you start sooner. Once a Notice of Default is filed, it’s a matter of public record and so your bargaining situation gets a lot worse because the buyer should know that are over a barrel, assuming their agent does their homework. Considering that it’s two or three clicks of the mouse, it’s easy homework to do and even the greenest new agent is going to catch it more often than not.

Trying the various delaying tactics with a lawyer is likely to end up costing you more than a quick sale. Even if you remain in bankruptcy for five years or more, within about a year and a half at most, the lender will almost certainly persuade the court to cut the home and loan out of the bankruptcy as a secured debt, and sell it. Since the loans and penalties and fees and interest kept accruing all this time, you end up with less money – or none, along with a little love note from the IRS that says “You owe us thousands of dollars! Pay up NOW!”

Every situation is different. At a minimum, consult a lawyer, accountant, and real estate agent in your area. But when all is said and done, what I’ve talked about is the way most of these end up.

Caveat Emptor

Time in Line of Work for Home Loans

From an email:

Anyway, my wife and I are about to purchase a place here in the X area and we’ve been hearing that “a tough loan” line due to the fact that I’m only 10 months into my new small business although I’ve been profitable the entire time. We’re stuck doing No Doc/Stated Income setups – I think you called these “liars’ loans” – and the rates are a bit painful.

My wife’s scores… at 720 are the lowest we have and mine are (higher).

Well, the good news is that your credit scores place you in the highest band of credit scores. There is no category beginning higher than 720.

The difficulty is that you’re running afowl of one of the background rules of the whole loan process. Fannie Mae/Freddie Mac rules limit A paper loans to those with two years in the same exact line of work. With some limitations, a good loan officer can sometimes get it approved for two years with the same employer, if they’ve been progressing normally within the company. Changing from a W-2 employee to self employed is a change that cannot be approved, at least from the point of view of A paper. A minus and Alt A rules are mostly similar. So you’re looking at subprime if you’re documenting income. Let’s examine A paper documentation levels to see if they’re a possibility.

Full Documentation: Requires documenting two years income same line of work. You can’t; you’ve only been self-employed for ten months.

Stated Income: Requires documenting that you’ve had the same source of income for two years. Nope. Yes, these and NINA loans are often called “Liar’s loans” in the business because the lender agrees not to verify your amount of income. That’s because loan officers eager to make a commission on a loan where the client really doesn’t qualify use these to qualify the client. The qualification standards are there for your protection as well as the lender’s. Just because you can use these to qualify doesn’t mean it’s smart. Locally where I am we have a huge house of cards because loan officers use these to qualify clients for negative amortization loans. Yeah, the temptation to make a commission is there, but am I really serving the client’s best interest by securing them a loan they can’t really afford where even the payment they can’t afford has them owing more money each month? I submit that the answer to this question is usually no. These are designed for self-employed folks and people on commission who make the money, they just have write offs and such so that they can’t really document it. Using stated income to say you make money that you don’t is a dangerous game. It’s likely to result in foreclosure.

NINA: Requires a good credit score. This might be your ticket. On the other hand, you don’t state how much of a down payment you have, percentage-wise. A paper NINA requires some equity in the property; I’ve never seen an actual A paper NINA approved with less than about ten percent equity. On the other hand, these are very easy loans to actually do. It’s trying to qualify you for something better that’s hard.

On the other hand, if we move down into subprime, the rules aren’t set by Fannie and Freddie. There are subprime lenders with one year same line of work programs, and even a few with six month programs. On one hand, they’re subprime loans, carrying a higher rate/cost tradeoff just by virtue of that. On the other hand, because you’re documenting your income, you get a break for that.

One of the great universal things of the loan business is this: The looser the underwriting standards, the higher the rate/cost tradeoff, and the tighter the underwriting standards, the lower. If a given lenders underwriting standards are looser, its rates will be generally higher for the same cost.

Now, given that you’ve only been self-employed for ten months, you’re not going to have much of a paper trail. There are three possible ways that banks will accept to document income. W-2? Even if you have them, they’re no longer applicable. Income tax forms? Given that it’s September, counting back ten months leaves you starting the business in November of last year. Even if you had enough monthly income to qualify for that month and a half or two months, the tax forms effectively spread it across all of last year, and that’s unlikely to show enough income. The third method of income documentation, unique to subprime, is bank statements. This, you might be able to do. Most subprime lenders have 24 and/or 12 month bank statement programs, and a large number have six month programs as well. The longer you can document for, the better the rate, but better six months than nothing.

Will this get you a better rate, at a better cost (two questions that always go together), than an A paper NINA? The answer to that is on a case by case basis. There is no way to be certain without pricing it around by the full details of your case, but there’s a good chance, and you can get 100 percent financing this way.

I will warn you that bank statement programs (often called “EZ doc” or “lite doc”) are THE most difficult loans to actually get approved. There are more problems with these than any other loan type. On the other hand, as I’ve covered elsewhere, if it gets you a better loan, the effort is likely to be worth it. Furthermore, there is a question of whether you qualify for the loan by the bank’s standards. Some banks discount the amount of money coming into the account, some do not.

So which is the better alternative for you? I don’t know without actually pricing it. I don’t know for certain that either can be done for your situation without information like how much income your bank statements show, and how big your loan needs to be, and how much of a down payment you’re making. Get a couple of good loan officers working on it in your area, and find out.

And yes, this is a tough loan situation. Both A paper NINA and subprime bank statement programs have their limitations. Failing that, you fall all the way back to subprime NINA, where somebody with your score can get 100 percent financing no worries, but the rates are rough on the pocketbook.

Caveat Emptor

Racial Gap in Home Loans

Racial Gap in Loans Is High in California.

I can give a variety of reasons for this.

First off, especially in Los Angeles but to a lesser extent throughout the state, there is a huge “Spanish speaking only” community. When you limit yourself to speakers of a language which isn’t the nation’s primary business tongue, you limit your ability to find loan officers who will treat you honestly and fairly and find you the best possible loan. I speak reasonable Spanish myself, but not nearly enough to do a loan.

Second, those who speak Spanish only are ripe pickings for unscrupulous loan officers and real estate agents. Because they do not understand English, the language the regulations are written in, they have less understanding of what is a complicated and confusing process for anyone who is not a practicing professional. In fact, I can name a lot of alleged professionals who speak English and are nonetheless limited in the comprehension of the process to judge by the evidence.

Third, those who speak spanish only have a lesser understanding of their rights under the law, and since the vast majority of all loan documents are in English (a few lenders are starting to generate a few documents in Spanish, but not every document, and it will never be the main copy of anything), they have a lesser understanding of what they are agreeing to.

Gee, I hope the preceding helps the “Spanish only” lobby of separatists understand what they’re setting up for the people whose benefit they are allegedly advocating.

But more importantly than all of the preceding, real estate and loans are “sales connection” businesses. Because most people do not shop for homes or home loans in a rational fashion. “I can’t be rational! This is far too important for that!” Seems silly, but it’s true. People buy or do business with you because you have made them more comfortable, or because they think you can do something nobody else can or will for them. They do business because they connect with you on some level, not because what you’re offering is the best thing out there.

Identity politics exacerbates this. There are agents out there (often but not always necessarily of the same ethnicity) whose niche market is “black folks”, or “spanish speakers” or “Koreans”. Some people will do business just because you’re the same, or because they feel some kind of cultural connection. Others will do business because you helped their brother, or friend, whether said brother was the toughest deal in creation or the easiest thing you ever did. And if you brother had to do something, or had something happen, it’s only normal it should happen to you, too – right? One of the standard phrases in the sales lexicon is “My you were tough, but we got it done! How about some referrals.” This by itself is not evil. But if you’ve taken advantage of someone as if they were a tough loan when in fact they were not and could have gotten a better deal from someone else, you’re lining your pocket at your client’s expense. Everybody deserves to get paid for a job well done. But when my contacts in the escrow and title business tell me about people who only serve this ethnic market or that ethnic market who have six percent state of California limits on their compensation externally applied to every single loan they do, or how these people consistently have a sales compensation a full percent above the market, that tells me something: that these alleged professionals are taking undue advantage of their target market. Many of these people they are targeting literally have no way of knowing there is something better out there. Are their tactics illegal? No. Unethical? In at least some cases. Taking advantage of client ignorance? Definitely.

The process of purchasing, selling, or refinancing real estate is byzantine, with rules and regulations that get more complex every year. The average citizen has difficulty understanding the things that may be relevant to their particular transaction (I’ve had to explain to lawyers how they got taken in their previous transaction). To most people, the whole thing is like some immensely complicated magical ritual. Place the proper documents at the foot of the underwriting god, dance three time sunwise and four times widdershins round the appraisal every day for a fortnight, pray with the high priests of insurance, and you get your house.

It has elements in common, I will admit. But the processes of real estate sales and real estate loans are coldly, brutally, logical once you understand them. Unfortunately, the odds of understanding are stacked even further against those who are apart from the majority of society. Those who are concerned with minorities having inferior loans would have more success in connecting the people to the mainstream of society than in considering further burdensome anti-discrimination legislation.

Caveat Emptor

Petroleum and Energy

(This was initially written in 2005. It’s dated, but still accurate and every bit as important)

Judging by all the furor about the cost of gas recently, nobody remembers the Arab Oil Embargo in 1973 and 1974. The cars back then were just as big, and they got worse gas mileage than modern SUV’s. And the price of gas may have been under fifty cents per gallon, but that’s about $1.92 today. Until recently, gas was cheap on that scale.

Overnight, cars shrank. Or at least the cars people actually drove. People went from talking about upgrading from 6 cylinder to 8 cylinder cars to trading those 8 cylinder cars in on 4 cylinder vehicles. This lasted until OPEC basically disintegrated in the mid 1980’s. Gas went from $1.30 or so ($2.25 today) per gallon back down to under $1.00, and only came up slowly from there. And overnight we had SUV’s popping out of nowhere. My marketing teacher when I went back for an Accounting degree told the class how there was more and more in proven oil reserves in the world all the time as a justification for using all he wanted.

Well, this ignores several factors. The first is that, however much there is, the oil supply is finite. Our “lake” of oil is limited, and once it’s gone, it’s gone. Even if the Earth was 99 percent oil by volume, there would come a day when it was gone. Well, the Earth is not 99 percent oil by volume. That there is apparently enough for the next several decades at current rate of use in no way changes the fact that someday, it will be gone. Finally, the reason why oil is such an attractive energy source: Unlike everything else on this list, it can be hauled around from the point of production to the point of consumption in more or less portable containers and used to power stuff pretty much anywhere by equipment available to the average individual. We’re not getting away from oil completely until we’ve got something else that meets this requirement.

Furthermore, there are other, better uses to which our children may need to put petroleum. Everything from building materials on the less important end to food on the more important end, depending upon factors we cannot determine at this point. We can recycle most other petroleum products, but not petroleum we use for fuel. I drive an automobile myself, but our current behavior is like a billionaire who converts his holdings to cash and burns the cash because he can. That we can currently afford this in no way alters the fact that our descendants will likely curse us one day because of it.

Yes, There are great untapped reserves. There are reasons for this. In every case, the world price to make them economically viable is above current market price. I’ve seen estimates that range from $50 or so per barrel on some stuff (and some of these reserves are being started up now), all the way up to $120 or $130 to make them economically viable. These reserves do no good if price is below economic viability. Nobody is going to produce oil in order to sell it below the cost of pumping it out of the ground. Even if the one trillion barrels of extractable oil in the article at the start of this paragraph is true, at 73.2 million barrels per day, that work outs to only 13,600 (thirty-seven years) days of world supply at current levels of usage. But current usage is increasing. It’s likely more like twenty to twenty five years. If Colorado is only one of a dozen such fields, that may work out to 150 years supply or all told. It still says “we’re going to run out, and there may be things our decendants wished they had that oil for.”

Furthermore, there are at least two bottlenecks in the stream of oil available to us. The first is getting it out of the ground. Even if it becomes economically viable, the fact that we have one trillion barrels of oil in the ground in Colorado does not mean that we can get it all any old time we want. Nor does it guarantee that foreign oil producers will remain stable politically (Iran and Venezuela are obvious current producers who are candidates for civil war, and the former central asian soviet republics around the Caspian Sea aren’t rock steady, either). So getting it out of the ground is subject to both technological and political constraints. It’s hard to pump oil faster than it will come out, and it’s even harder to pump at all when other people are shooting at you. It looks like we’ve got a capacity of a little over 80 million barrels per day right now, and are looking to expand that to about 101 million barrels per day by 2010. But projected Demand is expected to increase sixty percent by 2020. I realize that the time frames involved are different, but this paints a clear picture of demand increasing faster than supply in a time when we appear to have a larger than normal increase in supply capacity under construction. We can’t use it when it’s sitting in the ground. Somebody’s got to get it out first. And when demand rises faster than supply, Economics 101 teaches us that the result is rising prices.

The second bottleneck we have is refining capacity. We can’t use oil in the form that it comes out of the ground in. It’s got to be refined. Despite reports of intentionally limiting refinery capacity, a large portion of the refineries we do have have either been shut down by Katrina or are in Rita’s path. I think the future isn’t quite as calamitous as the folks over at Peak Oil are predicting, but the fact remains: we’re losing a lot of capacity at a time when we’re already running at full capacity, and no new refineries have been built since 1976. Our refinery capacity has decreased while domestic and world demand have increased. Result: shortages and price increases that are only going to get worse unless and until new capacity comes on line. Which will be years if not decades down the line as everyone agrees we need new refineries, but everyone also screams that they don’t want them anywhere in their neighborhoods. By the time the EPA and the courts rule on the matters, twenty years can easily have passed before construction begins, and there will likely be further problems from those most determined to keep them from their county after that.

Look at this projection of energy demand showing a 40 percent increase in petroleum demand by 2025 (coincidentally, twenty years from now). In such a case, price is likely to increase by a lot more than 40% if demand can’t keep up with supply. Ask youself how much you’d like $6 or $8 per gallon gas – in today’s dollars. Nor are we merely talking about gas. We’re talking about electricity and other power needs as well. We’ve watched how much California businesses have suffered due to rolling blackouts a few years ago. Transfer that to the country as a whole at a scale that California has not yet experienced, and watch what happens. In two words, economic disaster. Widespread inflation and unemployment to make the late Carter years seem like a dream of paradise by comparison. And before we move away from this point, here’s one more factor to consider on top of all that: Gasoline Supplies Threatened Anew as Texas Refineries Brace

For those of you such as myself who are ecologically minded, ecological nightmare as well. Poor hungry people trying to keep warm and feed their family don’t care that the spotted owl is endangered. They’ll shoot a whole family of them for food and burn down the tree with the nest to cook it and stay warm. Try and stop them, and they will kill you, shoot law enforcement, fight the army to the death. However overwhelmed they may be, the worst that can happen is exactly what will happen if they do nothing.

Okay, nightmare projection over for now. What can we do about it?

First, we can do what it takes to get refineries built. This means everybody has to give a little, and they have to give it now. Regulatory obstacles to refinery construction are popular, as it makes the NIMBY’s happy with the politicians who write laws and agencies who write regulations. It’s past time for this to change. Everybody is an environmentalist when it comes to their own neighborhood. But the refineries cannot be built in Generic Location USA, they have to have an actual address and physical location. First, pass laws that state that states, counties, cities and even neighborhoods that permit refinery construction get things like priority use of the products of that refinery get, discounts on the products, or even property tax rebates. Make them economically attractive to the neighbors.

Nothing is going to make them ecologically attractive, I’m afraid. But there’s got to be steps taken to cut through regulations and drastically shorten the time to approve construction. If you’re one of those people such as myself whom this really bothers, consider the alternative disaster I described above. You don’t get to pretend you’re living in a perfect world. That’s the child’s approach. If you want a say, come down out of the treehouse and pick a real alternative and deal with the consequences like an adult. If there’s anything that the environmental movement should have learned by now, it’s that environmental consciousness is a rich man’s concern, and only a rich man’s concern. Put the most avid Greenpeace activist in a situation where it’s eat a spotted owl or starve, burn a bristlecone pine or freeze, and the vast majority will do it, and they would be moral in doing so.

Now I want to take a moment to compliment the oil companies. Given the regulatory and legal hurdles we have made them jump over and through, they have done nothing less than an outstanding job of keeping us supplied and at a better price than we have any reason to expect. When I hear various bozos talking about alleged oil company collusions and conspiracies and such, and I ask for evidence, it always devolves into a complaint about gas prices and calls to regulate the price. It’s exactly comparable to the circular logic of the various anti-semitic groups. Newsflash: The laws of economics have not been repealed because you’re paying more than you like for gasoline. Regulating the price is the worst thing we could possibly do. If we set the limit price above market price, it will accomplish nothing except add some federal bureaucrats to the situation. Either costs or taxes or more likely both rise by an indeterminate amount, depending upon how obnoxious the regulations are. If we set it below the market price, we get shortages. Not enough oil available for sale in the United States. And because the price is artificially low, the alternatives to oil cannot compete as well economically, and they do not develop as much as they otherwise would. Result, insufficient energy to maintain our economy and our standard of living. But the europeans, chinese, indians, and rest of the developed and developing world would thank us very much for freeing up oil for their use and keeping allegedly free US Citizens from bidding on it above a certain price. All the more for them.

It is time we took as many steps away from oil dependency as possible. The standard line about wind and solar power is nice, but both of these fall woefully short. In all of California, there are three viable windmill farms, and whereas I think they’re beautiful, most of the citizens of the areas where they’re located consider them eyesores despite lower power bills. Well, going back to above points, tough. But this is still woefully limited.

The solar constant is 1370 Watts per square meter. But this is the total energy hitting the earth, which reduces to an average of 341 Watts per meter due to the fact that it hits only half the planet and that half is a sphere, not a flat surface. But that’s what strikes the upper atmosphere; in fact thirty percent is immediately reflected, and is further reduced to about an average of 1020 Watts per square meter, which reduces by the same calculations to an average of 255 Watts per square meter theoretically available at sea level. Mind you, this is a lot of power. Put 100 square kilometers of actually producing surface and it’ll generate up to 2.55 terawatts of electricity (okay, actually the theoretical limit is between 8 and 9 Terawatts when there’s an unobscured sun in the sky). But this has environmental consequences of its own. Take that average of 2.55 terawatts of energy out of the Mohave desert or off the surface of the ocean and put it in Los Angeles and you have a recipe for both environmental and climate change. This is about the energy of two small atomic bombs per second on average, albeit without the radioactivitiy. Nobody knows what would happen.

US Energy consumption in 2004 was 99.7 Quadrillion BTUs. A BTU is 1055 Joules. If usage was constant from second to second, this computes to an average of 3.34 Terawatts, or using a population estimate of 300 Million, 11.2 Kilowatts per person average usage. For the City of San Diego with a population of 1.3 Million, that’s an average energy usage of 14 Billion Watts plus, nearly forty for the county, and 450 for the state. So at first glance, it looks like 100 square kilometers would more than serve. But that’s average usage, every second of every day, and peak usage is a different matter altogether. Just as importantly, there’s the problem of getting it from where it is to where it’s going. We just don’t have the transmission technology to handle that kind of load. Not to mention the fact that the political and environmental opposition to a refinery may be more vehement, but it’s confined to a concentrated area that can be considered more or less a mathematical point. You’ve more or less got one fight on your hands. The opposition to power lines runs along a mathematical line of width w for the full length of the transmission lines, and if any opponents anywhere win, the whole line fails, and you don’t even start to build until you’ve essentially won everywhere.

Final problem with solar: it’s not available twenty-four hours per day, it’s subject to blockage, and we don’t have any good mechanisms for storing the kind of power we would need to. Stored energy requirements for overnight at half the usual usage equals 5600 kilowatts per person, for twelve hours. The energy storage required for a million people would be 241 Tera Joules – the size of a small atomic bomb. We can’t do this currently.

So we move the solar power to orbit. Needless to say, we can’t do this yet, but we need to learn how not only to build them, but how to transmit the energy back earthside safely. This would allow us to even out the load and increase the efficiency by a factor of as much as four, as a good orbit for them should be in sunlight pretty much constantly, and with good gyros and engineering, should be able to be held face directly towards the sun all the time. How long will this take to do? If we’d started back in the seventies when we first had the toehold, we’d likely be close by now. Serious estimate: twenty to thirty years minimum to build the stuff to get it up there and then engineer the solar technology we already have to that scale and that environment. People who are middle aged now may or may not see it accomplished in their lifetimes, even at current life extension projections. Not a viable short term solution.

Nuclear power is something we should also work on. Yes, it generates radioactive waste. This is a problem. Nonetheless, once built and fueled, a nuclear plant runs for years with output variable within broad parameters. It’s cheap, it’s reliable, and there are large supplies for a long time in nice stable countries. The real problem? It takes years to fight the NIMBYs and get the permits and more years to build the plant. This will work shorter term than solar power satellites, but not in the next ten years.

Geothermal has a lot of potential, but there are engineering problems. Geothermal needs to be generated where conditions are right. The conditions require termperature gradients, and the steeper the better. This means hot rock or water or whatever close enough to the surface to be accessible, rather than many miles deep. These sorts of conditions tend to happen in areas of geological instability. This means earthquakes are a major design problem, and when you have an earthquake you’re likely to lose this part of your energy supply right when you cannot afford to.

Finally, there’s biomass. This basically generates heat from decomposing matter by a process that’s basically composting. This one draws more objections from the neighbors than almost anything else, because it smells about like you’d expect it to. Newer technologies contain the smell, but escape happens, and whereas you can just not look at anything else, you can’t ignore That Smell when it happens. Not to mention the fact that we’re trying to reduce our biomass waste.

Then there are new technologies. Stuff we don’t know how to do yet. Controlled fusion is the one of these that everybody should know about. Eventually, we’ll figure it out. But there are still breakthroughs necessary before we even know how to do it right, much less make it commercially viable. You can’t whistle up genius to order and until someone makes those breakthroughs, this isn’t going to happen. One day it’ll be cheap and practically unlimited power, but today is not that day, and we don’t know when that day will be.

I have no idea about other sources of potential power generation. I don’t think antimatter is coming any time soon, nor vacuum energy, to use common real theoretical possibilities contained in science fiction. But I do know that they won’t be developed until they are not only practical, but economically viable.

The upshot? No single technology can handle the necessary increases in the short term. Indeed, it’s not certain that all of them together can. We need to develop all of these technologies to the maximum extent practical, right now. If this means cutting a few corners, both in regards to relaxing the more extreme environmental regulations and in regards to how far NIMBY suits are allowed to go, so be it. We need to get cracking. We’ve allowed ourselves to be complacent for too long about our energy supply. The alternative is much worse than the nightmare scenario I illuminated earlier. Literally everything in our economy depends upon having enough energy. If we don’t do what is required to make enough energy available, there will be shortages, and they will get worse, because every time we have a shortage that hurts our economy, we become less able to compete with those economies which have made the choices to keep up with energy demand. We get poorer, they get richer. They can afford more energy, we can’t afford as much, and we as a nation go though cycle after cycle of this, and the energy shortages get worse with every cycle to the point where only the most critical things get any at all. No energy, we go back to horse-drawn plows to farm. No energy, we can’t get the food to market while it is fresh. We definitely can’t store it the whole year around. All of the neat chemicals the farmers rely on to increase yields? Gone. All those wonderful fresh foods we’re accustomed to eating? Available for maybe a few weeks per year. Food production also plummets. Without energy and everything it does for food production, not only does the supply get smaller, but the distribution network collapses. We here in the US are fortunate in the amount of arable and productive land we have; I think we could actually survive, and the rest of the world certainly isn’t going to be so stupid as to let this happen to them. Nonetheless, the price of food here in the US goes up by a lot, and it goes up noticeably worldwide. Those less well off tighten their belts, and the amount of hunger and starvation in the US multiplies. Now as to our research industries, biotech, computer companies, chemicals, what heavy industries we’ve got left, what happens to them? They move overseas, where the enerygy policies aren’t so stupid as to constitute a bullet to their head. These companies may or may not invite their american employees to go along. Personally, I don’t think they’ll take very many, but they might decide to be generous.

It would also kill the climate for capital investment here. Right now, the banking, securities, and insurance industries are so efficient and so computerized that they’ve helped us create more jobs than we’ve ever lost to moving them overseas. But if the manufacturing and research companies go, these lose their capital base. Drastically less money to invest, and what they’ve got is far less efficiently used because the computers and transportation dries up.

Speaking of transportation, I shouldn’t have to tell adults this, but motor vehicles vanish or become much more and more progressively expensive. Everything from commuting to shopping becomes more time consuming, more difficult, and you have fewer options because now you have to walk, or maybe take a public conveyance drawn by horses, or if you’re really lucky, a light rail. Not only are there fewer jobs than people to fill them, but the only way to get to the ones that there are is to live near them.

All of those nice medicines we’ve got now? Gone, except for the very upper crust who travel to China and India, much like well-off foreigners come here now. Our medical people emigrate, as they have no problem convincing other countries that they will be productive citizens. Standards of health care plummet. Infant mortality and disease mortality skyrocket. Lifespan plummets to something like that of Mauretania. Our hospitals start to look like Cuban hospitals, and their ability to assist us in our times of medical need is greatly compromised.

The environment? We’d need to put more land into farming. Uproot the citizenry and plow over the suburbs. of course, but I’m not certain I want to eat wheat grown where people were throwing out their old oil. More likely, we’d take land that is currently reserved for parks or recreation area and turn it into farmland, especially where there is water, as our irrigation system depends upon energy.

Housing goes back to nineteenth century tenements if we’re lucky. You need to be within walking distance of work if you’ve got a job, or on a public transportation line. This means that land around jobs providers get relatively much more expensive, and we can’t afford the steel to build more than six stories up. So we go from 2800 foot McMansions back to 700 or 800 square foot apartments for families. The buildings themselves will be beehives of unreinforced masonry, and entire cities in earthquake zones die the next time they have one.

Women, be prepared to die in childbirth more often, suffer more complications we can’t deal with in pregnancy. And since more of the children will die, be prepared to have more children, because you want to be taken care of in your old age, which starts sometime around fifty. Abortion may still actually be legal, but I doubt it. If you don’t want the child, somebody looking ahead to their old age does. Our primary method for 99 percent of the population of surviving into what is now late middle age will be having children to take care of them when they are too feeble to perform the backbreaking work that agrarian economies such as I’ve described require. You’re an accountant, realtor, financial planner, a member of any number of office staff professions? Be prepared to become a dishwasher or a day laborer or a chicken plucker (or unemployed and destitute) in conditions that haven’t been seen since the turn of the twentieth century. Authors, writers, consultants, and college professors? The vast majority of you are among the unemployed as the national budget for your work (both private and governmental) shrinks to a fraction of its current size. Even if you have tenure, nobody will care. We won’t need office workers, and other countries have no shortage of you; they don’t particularly want you for a citizen. Oh, and employers have more power than they’ve had in a century, also. You think 5% unemployment is bad; wait until you see forty. The Mexican government uses the Rio Grande to keep Americans out.

Now for the next obvious point. All those wonderful people in China and India and Brazil and elsewhere? They want our current standard of living, too. Actually, they want better than that if they can get it, and they will unless they’re as stupid as we have been for the last forty years. Just because we’re stupid enough to make a choice that means we’re going back to a manual labor economy doesn’t mean they will. Matter of fact, I’ll bet money they don’t. This has implications. For the global economy, what happens when every one of six billion people is using 11 kilowatts of energy per capita? Demand goes up. Way up. Factor of ten or more up. The supply isn’t getting any bigger as we sit here; matter of fact, the chokepoints are becoming more pronounced. Price goes up, and what energy companies we have left are willing to sell even less to the United States because they’d rather sell it elsewhere. Our natural reserves will become our only source of foreign capital. And they’re not as great, and not as easily accessible without high energy, as they once were. We have a national debate about strip mining Yellowstone, which we decide to do. As a matter of course, we dam both Hetch-Hetchy (again) and Yosemite for hydroelectric. People start dying (again) from all kinds of conditions we haven’t seen in a generation as the strip mines we decide we need more of again have their effect on the environment.

I really hope I’m getting through to the environmentalists and capitalists among you. We can start being more hospitable to industry now, or we can go back in time 120 years within the next generation, and I don’t think we’ll ever get back to the point we are now, or even anything resembling what our alternative option of being a little more accomodating to industry looks like today, and the longer we wait and the more you stall, the worse the equilibrium is going to get.

Now I’m going to talk to the patriots, and the human rights activists, among you. Military power flows from economic power. So does every other form of geopolitical clout. No high energy economy, and we become about as relevant to most of the world as Brazil was sixty years ago. Our position atop the geopolitical pyramid is taken by China. Yes, the people who gave you Tianamen Square 1989, and ongoing racial and religious persecutions and forcible third trimester abortions, and executions of any determined foe of the regime they can get their hands on. The United States is far from perfect, but China’s modus operandi where it comes to human rights is their rulers are human and have the rights to do anything they want. The idea that the world will be better off if the United States is taken down a peg or removed from the board altogether is bullshit, and deep down most people in the civilized nations know it’s refined and concentrated bullshit. But among the less progressive nations of the world, Iran takes the opportunity for as much danegeld (in whatever form) as they can get, as does every terrorist organization we’ve hunted, and of course the nascent democracies in Iraq and Afghanistan collapse. Taiwan is toast; on the other hand without us Israel may finally develop the guts to deal with the Palestinian problem and nobody will give a damn except the Arabs. Nobody will help us; we can’t do anything for them anymore, and a lot of old alleged allies like the French and failed enemies like the Russians don’t bother to hide their glee. About the only bright spots are Japan and South Korea, which is too big and prosperous for North Korea to take down.

I could go on, but that’s the stick. We don’t take immediate steps to preserve our economy, it will happen, to a greater degree or lesser. On the other hand, we have the carrot: the continued growth of our society as our economy grows. More of what we’ve come to expect: increasing affluence, increasing lifespan, increasingly good environment despite relaxing a few regulations, increasing options for our citizens, etcetera, etcetera.

Well, what is it going to be? Are you going to make a choice and live with it like an adult, or are you going to be one of those reading this who is convinced there is a secret hidden formula for converting seawater into super-powered gasoline, and if only we can break the oil company monopoly we’ll all be living in paradise within a few years? The children among you may buy off on that bit of petulant fantasy, but the adults know that if there was such a formula the oil companies could easily become a hundred times wealthier by using it, and all without paying OPEC a dime.

Those who provide power are not your enemies. Whether you realize it or not, they’re among your very best friends. It’s time we started acting like it.

Stealth “Cash Out” Loans

One of the things I hear a lot is that people are getting cash in their pocket from a refinance rate where there is no rebate. “I’m not paying any closing costs!” they proudly tell me, “The bank is putting money in my pocket.”

Chances are that’s not what’s going on. In fact, when the client gives me the chance to investigate, I find out that they are paying huge fees, which are all being added to the balance of the mortgage. But what they remembered was that the lender was also going to give them $1200 or $1500 in cash and add that to the balance on top of everything else.

For “A Paper” loans, Fannie Mae and Freddic Mac define the difference between a cash out and rate/term refinance. On a rate/term refinance, a client can have all costs of the loan covered, both points if any and closing costs. A client can have an impound account set up to pay property taxes and homeowner’s insurance out of the proceeds. They can have all due property taxes and insurance paid. The client can have all interest paid for 30 or 60 days. And they have put up to one percent of the loan amount or $2000, whichever is less, in their pocket. In addition to this, of the old lender had an impound account, the client will receive the contents in about 30 days.

Let’s say you have a $270,000 loan on a $300,000 home – small for most parts of California and some other places, but large for most places in the country.

Here in California, yearly property taxes would be about $3600 on that. Insurance is about $1000 per year, monthly interest is $1237.50. I’m writing this in September, so if you finish your refinance today, your first payment would be November 1. You’ll make five payments before both halves of your property tax are due, and they want a two month reserve, so 12 months plus 2 months is fourteen months minus five months is nine months reserves they will want in property taxes. $3600 divided by twelve times nine months is $2700. Let’s say Insurance is due in April, so they’ll want eight months of that. $1000 divided by twelve times eight months is $666.67. Plus two points and $4500 in closing costs the lender charges, and they actually may have told you about it, but they emphasized the cash you are getting in your pocket so that is what a lot of people remember.

Even without the cash out, this works out to a new loan amount of $270,000 plus $2700 plus $666.67 plus $1237.50 plus $4500 plus two points which works out to $284,800 as your new balance without a penny in your pocket. If they gave you $1500, your new balance becomes $286,330 (remember the two points apply to the $1500 also!) which will probably be rounded to $286,350. Subtract $270,000, and they have added $16,350 to your mortgage balance but hey, you got to skip a month’s payment and got $1500 in your pocket!

As I have said elsewhere, however, money added to your balance tends to stick around a long time, and you are paying interest on it the whole time. Furthermore, lenders love this because their compensation is based upon the loan amount. All because you allowed yourself to get distracted by the cash in your pocket. This is fine if it is what you want to do and you go in with your eyes open, but chances are if someone were to tell you “I’m going to add $16350 to your mortgage balance to put $1500 in your pocket and allow you to skip writing a check for one month!” you wouldn’t agree to do it. Even if the rate is getting cut so your payment is $75 per month less.

For loans lower down the food chain (A minus, Alt A, subprime and hard money) the lenders set their own guidelines on what is and is not cash out, but Fannie and Freddie’s definition is more strict than the vast majority.

So when somebody tells you they are going to put money in your pocket as part of the closing cost, ask them precisely how much is going to be added to your mortgage balance. Print out the list of questions in this, and ask every single one. Because chances are, they are trying to pull a fast one, and once you are signed up, they figure they have you.

Caveat Emptor

Pre-payment Penalties and Alternate Payment Schemes

From an email:



I was wondering if you could tell me whether the following ways to save on interest are actually possible. If they are what are the penalties typically associated with these suggestions. I know you have mentioned a pre-payment penalty but what amount is reasonable?

1) Pay a certain amount over your monthly mortgage payment to pay your mortgage off sooner, pay more in principle, and to save on interest. Example: Your minimum monthly payment is $2000 so you pay $2200 a month instead.

2) Pay your mortgage twice a month so that more principle is paid off before interest catches up. Another nice thing about this is that most people are paid twice a month.

**

Prepayment penalties are something that is associated with the loan your loan officer chooses for you when you sign up. They become set in stone when the documents are signed, the loan is funded and the documents are recorded.

Sad to say, only a very small minority of clients ask about pre-payment penalties at sign up, and judging from my experience with people at a later time, most people either cannot spot it in the documents (there should be a section entitled something like “Pre-Payment” or “Borrower’s Right to Pre-Pay”. On the other hand, you need to read the whole Note that you’re signing enough to understand what every piece says).

As I’ve said in this article, pre-payment penalties are a function of the market you’re shopping in. Not necessarily the best market you can shop in, but most loan officers are going to looking to make money, not necessarily to get you the loan that’s really the best possible loan. Pre-payment penalties add to what they get paid, and it’s invisible to the client unless you go looking for it. In all markets, there is a trade-off between what you pay in up-front costs to get a given rate on a given type of loan, and what rate you get. Adding a pre-payment penalty (or not removing one) adds to the loan provider’s commission, sometimes multiple points, and out of this they give you back a half point or so to make their loan look more competitive. A Good Question to ask and catch many loan officers off-guard is “and what is it without any pre-payment penalty?”

Pre-payment penalties are a thing to avoid if you reasonably can. On the other hand, circumstances can force you to accept one. No loan officer works for free, and if about all you’ve got is the money for the down payment, accepting a two year pre-payment penalty (meaning it is in effect for two years) can get the loan officer paid while you still get a affordable rate.

Here in California, the maximum pre-payment penalty is six months interest, and that is the industry standard for when there is a pre-payment penalty. A few lenders will pro-rate it, but for the vast majority, they will charge the same penalty on the day before it expires as on day one. This is pure profit, and they’re generally not going to turn down pure profit any more than most people will turn down a bonus. So if your interest rate is 6 percent, you’re going to pay a 3 percent pre-payment penalty if you sell or refinance before the pre-payment penalty expires. For Negative Amortization loans, the pre-payment penalty is based on the real rate, not one percent, of course.

On some loans, the pre-payment penalty is triggered by paying any extra money. One extra dollar and GOTCHA! But probably eighty percent or so give you the option of paying it down a certain amount extra each year, usually 20 percent, without triggering the pre-payment penalty.

Now as to the alternate payment schemes you mention, the first method, paying extra, is very possible and recommended with most mortgages. Anything extra you pay should be applied directly to principal. Especially in the early years of the mortgage, this has a multiplier effect, as now that you don’t owe that money any more, your interest charges in the future will be less so less of your payment goes to interest and more to principal. On a $300,000 30 year mortgage at 6%, your monthly payment is $1798.65. Of this, $1500 is interest – which you’re paying just to break even – and 298.56 is principal, which actually goes to pay off your loan. Let’s say you pay $200 per month extra. If you’re one of those extremely rare people who actually pay off your mortgage, you’ll be done in 278 months – 82 months early. Almost 7 years. The interest you pay drops from $347,514 to $256,000 – you saved $91,514 in interest charges by paying $200 per month early.

If, as is far more likely, you refinance after 2 years, instead of owing $292,404, you’ll only owe $287,284, a savings of $5120, which means you owe $5120 less on your refinance, and might get better terms because of it. Or you have $5120 more in your pocket if you sell. So it’s only a 7.5% rate of return – it is guaranteed. If this mortgage outlasts 95% of all loans and makes it to five years – sixty months – you’ll only own $265,114 instead of $279,163, a difference of $14,049. This is money in your pocket or money you don’t owe on the refinance, which you’re not paying fees on, and which might get you a better deal. Or it’s $14,049 more from the sale of your property to buy another one. It’s a 17 percent overall return on every penny in you added in five years, including the last payment you made. That’s better than you’ll do with CDs with the first month’s money.

Suppose you only make one extra payment, once. Let’s say you make the first payment at the end of the month when you buy or refinance instead keeping the money in your checking account until the end of that month. Making that one payment saves you more than five months at the end of your mortgage if you keep it the full thirty years. Let’s say you just pay $200 extra once, that first month that you actually make a payment. You owe $225 less after 24 months, $270 less after 5 years, and $1207 less in the last month of your loan.

Furthermore, the higher your interest rate, the more difference these payments make. Right now rates are still historically quite low.

Your second question, about paying your mortgage twice a month, is trickier, and here’s why: What most people who do this are doing is actually making payments every two weeks, which means you’re making an extra payment a year in pure principal. To separate the two phenomena, let’s drag the calculator out. Cut the interest rate in half, cut the payment in half, and double the number of payments. Punch in n=720, i=3%, and let’s see what happens. The payment comes out to $898.92. Double this to $1797.85. This is about 81 cents per month difference. If you pay half of the $1798.65 twice per month, you shave less than half a month off of your payment schedule.

On the other hand, make 13 payments in 12 months, and (to make things simple for a simple calculator) that’s roughly equal to making payments of $1948.54 per month, which has you done in the 295th month – almost five and a half years early.

So you see, the twice a month schedule really does comparatively little for you – it’s the fact that you are making an extra payment per year that really helps in this case.

So with some banks charging hundreds of dollars to sign you up for things like this (I know of lenders who charge $400 and up), I’d suggest instead to instead spend the sign-up money on a direct pay-down of your mortgage (providing you don’t have one of those “one extra dollar” prepayment penalties), and keep making those monthly payment with a little extra on the side instead.

This “service” banks provide for their customers is nothing more than a cash-cow fee to pad their own bottom line.

And for the rest of you out there, I say the same thing I said to this person “Please ask if you have further questions you’d like answered”

Caveat Emptor!