The Searchlight Crusade Mission

(Mild language warning applies, but nothing you can’t say in prime time broadcast TV)

When I was twelve years old, my uncle Robert introduced me to the writings of John Masters. John Masters was an officer in the Indian part of the British Army in the waning days of the Raj, starting in 1934 and ending shortly after World War II. At the tender age of 24, he was named battalion adjutant of the second Battalion, Prince of Wales Own Fourth Gurkha Rifle Regiment. The adjutant’s job in the British Army at the time was different in many ways from modern counterparts in the US Army. A large part of the job was to look impressive. “Before the adjutant’s feet, pits were filled, obstacles became smooth paths, and order arose out of chaos.”

Did this happen on it’s own? No, he had a subadar assistant. There is no comparable rank to subadar in the modern US armed forces. They ranked below second lieutenants but were nonetheless full officers commissioned by the Viceroy of India instead of by the King. This subadar was typically an older soldier who had joined as a private and risen through the ranks to his current exalted status. His task was partly to see to it that the adjutant looked impressive, i.e. to fill the pits, knock down the obstacles, pave the paths, and cause order to arise out of chaos. In short, to make it seem as if the adjutant was magically gliding through life on the force of his personality.

I’m doing that subadar’s job.

That’s it in a nutshell. That is what a good loan officer does (or a good real estate agent). I metaphorically fill in the pits, knock down the walls, pave the paths so that my customer has a clear path to what they want.

A mortgage loan is not something people want. Mortgages suck. People don’t want a mortgage. They want the house, and they have to have this sucky thing called a mortgage in order to get it.

Is that a ringing endorsement of the greater half of my profession, or what? I get people something that sucks so they can have something they want. But that thing they want is their new home. A place for their family to be safe and secure and (we hope) happy for as long as they decide to keep it. Also, it happens to be historically the greatest source of personal wealth for large numbers of people ever devised. No trivial thing, when you put it like that.

Okay, you ask, so where is this going?

I’m not one for false modesty. I’m good at what I do and getting better at it. People come to me because I did a good deal for their friend on excellent terms, and I made it look easy. No loan officer can ever really guarantee a loan will go through – that is the exclusive province of the underwriter at whatever lender is being used. You (as a customer) will never talk or communicate directly with your underwriter – it’s a universal anti-fraud measure, everywhere in the industry. But I have a bet that I make with those who are dubious. I’ll write a check for $1000 and put it in the custody of a neutral party. Providing the client tells me everything, and does what I need them to do in a timely fashion, if the loan doesn’t go through, on time and exactly on terms quoted, they get that money.

What I’m really saying, of course, is “I’m this certain I can do the loan.”

Sad to say, the average loan officer out there is not up to this standard. Actually, a lot of them are out and out crooks. Oh, they’ll get a loan done, most of the time, if only because they don’t get paid if they don’t close a loan. But the resemblance borne to the originally quoted loan may be extremely vague, and it may be weeks after the date it was originally promised, and therefore useless to you because they guy who was going to sell you the home lost patience and cancelled escrow.



Much as I would like to, I cannot do every loan in the country. I’m only licensed for California as an individual, and I no longer work for firms that have widespread licenses. Furthermore, I can only do so many loans at once. Even with the best support staff, 100 loans a month seems to be about the limit, even if all I do is the submission and customer handholding. Finally, although it strains credibility :-), I have reliable reports of other loan officers here, locally even, earning a living at times when I am not saturated with business.

Your first home and your first loan is a exciting but nervous time for most folks. You obviously want the house, and you don’t want the loan to go wrong or you’ll lose the house. You have no idea of how to navigate this arcane labyrinth called real estate. You have no reliable guide to separate the wheat from the chaff of all the claims out there.

Some people never pay it any mind. They go through life and may buy and sell multiple properties and refinance each one several times, and not want any more knowledge than the fact that what they wanted is done. Unless they’re my clients, I can’t help them.

Some people, however, are like John Masters, who was wary of testing his newly appointed superpowers, and so looked out of the corner of his eyes first to make certain the pit was filled and the obstacle was gone and the path was smooth. They want some way to tell the subadar who’s filling the pit with quicksand from the one who fills it with good solid dirt, some method to tell the one who manages to pave the path solidly and perfectly from the one who can’t pave it at all, preferably before they trip and break something.

That’s what I’m trying to do here, give you a set of skills and strategies to increase your likelihood of having a nice smooth solid path with no obstacles to your real objective: That home.

Some people just want to be float oblivious through life, and if you’re only here for the political or other stuff, glad to have you and have fun and please let me know how I’m doing.

Others want to know how the nuts and bolts fit together, at least for the biggest stuff. Not just for mortgage, but also for real estate, insurance and financial planning, (and other fields if I can find co-contributors that will write to my standards) you are the audience I’m trying to help, and will do my darnedest to write informative articles from a real world practical perspective on how to put yourself in a better place than you’re in. I don’t have any kind of an exclusive Truth on all of it, and alternative viewpoints are both necessary and welcome. Some of what I say may be contrary to what others tell you, and their methods may work just as well. I do know that I am telling you how things work, and I do have a track record of getting the job done.

Why am I doing this? Well, partly in support of a commercial idea that I am working on. Mostly because I’m trying to improve the climate in which we all do business, and every person who reads anything here will raise the bar by just that little bit. I think that if those who aren’t the best, most competent, and most ethical have a choice of “improve and make more money or continue as you are and go out of business”, most of them will take the former course, and we’re all better off without the others. I happen to believe that most of them are victims of the system as much as any client who they’ve ever taken advantage of; they just don’t know that there’s a better way to do business. This is the way they were taught, and their trainers before them, and their trainers before that. It ticks me off every time I have to tell someone all of the things that every other loan officer and real estate agent has lied to them about, usually by omitting a nasty gotcha! (or several), and they get mad at me because I told them the truth when the appropriate target for their anger is elsewhere. Yes, sir, I can put you into that $800,000 house and get paid a whole slew of money. But I think you might like to know ahead of time if there’s likely to be a problem sometime down the road after I get my check and ride off into the sunset. If you’re fine with the problem, step right up and sign on the dotted line and here are the keys and thank you very much. Otherwise, maybe you might want to reconsider your course of action.

What I’m trying to create here is a reality check that you have available to you to warn you of problems when I can’t, before you’re locked on an irrevocable course for disaster. So pull up a chair, sit down, and enjoy the ride, just like John Masters, secure in the knowledge that you’ve checked out of the corner of your eyes and your superpowers are fully charged and working.

Caveat Emptor

The Nature of Estate Planning

I’ve seen some fairly intelligent people completely fail to understand the value of estate planning, how easy it can be, and what it can accomplish.

To start with, there are some issues that happen when you die. The first is probate. This is a process whereby the state approves the distribution of your assets. Whether the state has any business putting their big nose into the process is not the discussion we’re having here. The current fact is that they do, and this doesn’t look likely to change. In the case of things like a home, where the family is living in it already, it’s usually not too obnoxious as the state will typically allow the family to continue living in it, pending resolution of probate.

But liquid assets – the money you left – are tied up in the probate and cannot be accessed without court approval unless you titled the account correctly. This can be a major issue to a family that’s just lost their major breadwinner – or either breadwinner in the case of a two income family. Unless you don’t want your family to get it right away, titling accounts jointly in both your name and your spouse’s as joint tenants with rights of survivorship is one way to deal with this. In the case of most accounts, there is the TOD, or Transfer on Death option of naming a beneficiary (or beneficiaries) for the account. The money then transfers upon your death to that person outside of probate. Estate and inheritance taxes are still potentially applicable, however.

The minimum charges for probate are about seven percent of the amount of estate under probate. If this includes your house and other major assets, it gets expensive quickly. A surcharge per year the probate is in effect is also usual. Probate sometimes doesn’t get settled for several years – and some unusual ones have gone over twenty years, and with increasingly complicated family relationships, increasingly complicated probate becomes more likely. While probate is going on, your heirs will not have access to the money without court approval, and the court’s priorities are not likely to be the same as your family’s.

The number one tool for effective estate planning is not a will. That’s an important component, especially if you have children and need to determine who their guardians will be, but for distribution of your assets, it falls woefully short. Everything disbursed by the will goes through probate, and estate and inheritance taxes as applicable. Wills can be and are challenged successfully every day, and the cost of the fight drains the estate even if the challenge is unsuccessful.

The most important tool for effective estate planning is the trust. There are varying kinds of trusts, so consult an attorney in your area. A trust is not a corporation, but if that helps you in your understanding, use it. A better way to think of it is as a robot that takes control upon your death and acts according to your instructions. When you create (or alter) the trust, you wind the robot, but (if written correctly) it acts like a string marionette during your life. You don’t technically “own” the assets you transfer to the trust, the trust does – but you control the trust, and it dances upon your strings. Once the strings are cut by your death or incapacitation, the robot takes over and does what you told it to do in those circumstances. You might have told it to attach itself to someone else’s strings, or you might have told it to disassemble itself, or both, as well as many other things. The important thing to remember about trusts is that they do not go through probate and they are (if written correctly) outside of estate tax as well. Remember, the “robot” owns this stuff, and the robot didn’t die!. There may be a successful challenge to a trust on record somewhere, but I’ve never heard of one and (although not a lawyer) I can’t see an angle for doing so. I do know of people who wanted to challenge them, and who appeared to have much better claims on the surface than the person who the trust had been instructed to deliver its assets to, who got their legal noses bloodied in a hurry. Ethical lawyers will generally tell potential clients seeking to challenge a trust “I’ll look at it if you want, but if it’s written correctly there’s not a thing I can do except spend your money.”

Next, life insurance. There are so many uses for Life Insurance in estate planning that it is hard to conceive of a good plan that doesn’t use life insurance, and by that I don’t mean term life insurance either, but one of the cash-value variety. Term life gets so expensive after age 60 that 97 percent of it gets cancelled before it pays benefits. For estate planning purposes, life insurance is useless if it doesn’t stay in effect the entire rest of your life. Many people will tell you to buy term, but that’s a particularly short-sighted, short-term solution that presumes your need for life insurance will vanish as soon as you’ve got some decent assets or your kids graduate college. Neither is likely to be the case for anybody middle class today.

This is most deeply rooted in straw-man arguments that claim term insurance is better by comparing it to whole life, ignoring the superior cash value life insurance types, and claim to have refuted the value of all cash value life insurance when they have only refuted whole life, and only within the set of parameters they have set. For older people (age seventy and up at time of plan) universal life is likely the way to go, while with younger people (definitely anyone under 50) it is difficult to come up with a scenario where Variable Universal Life does not outperform its term competitor in every way.

It appears that the difficulty of estate tax is likely to come soon, but there are issues. Even if a permanent repeal takes place, there is nothing to say it could not be re-imposed later. Second, it does nothing about state levied estate taxes. Third, some states have started re-exploring inheritance taxes as a consequence, which would be a disaster. Since estate tax is levied strictly on assets you own when you die (albeit with some recapture of stuff up to three years previously), it is avoidable to such an extent as to render it basically a voluntarily paid tax on denial. All I can say is that the people paying it must have wanted to pay it, because there are legal ways not to owe the tax and all you have to do is plan ahead.

I want estate tax gone, mind you, but if I have to choose between complete and permanent estate tax repeal, or say, indexing the Alternative Minimum Tax (AMT) to inflation and putting estate tax back to where it was pre-2000, I’ll support the latter option unreservedly. So just because the sentiment is there for repeal doesn’t mean it’ll happen, or that it’ll be permanent if it does. So I suggest planning for estate tax as if it’s going to effect you, and some of the methods of estate planning can actually increase the size of your gross estate beyond what it would have been without planning.

Will. Trust(s). Life Insurance. A good plan will have all of these, as well as others (Durable Power of Attorney for Health Care, to name one). I’d say Caveat Emptor, except it’s more a case of “Be careful what you wish for. You may get it.”

Credit Reports and Credit Score Manipulations

I’ve been to two conferences this week. The stuff for the other one is more important and is going to have to simmer for a little while longer before I’m ready to write an article on it, but the other is a “direct from the providers” seminar on credit reports and credit scores.

Some of this has changed from last report, and some of it will change in the future.

A FICO score is nothing more or less than a prediction of the likelihood of a particular consumer having a 90 day late in the next 24 months. It is a snapshot, based upon your position and your balances as reported at the exact moment it was run.

I learned a bit more about the various other credit reports besides mortgage. They emphasize different things (naturally) and score differently. Auto scores go to 900, where mortgages range 300 to 850. Landlord tenant screens are different from a mortgage score. Revolving credit screens are different than mortgage screens. Finally, and most important, the “Consumer Screen” reports you get on yourself will always have a higher credit score than the ones mortgage providers run.

Inquiries are 10 percent of your credit score. They only go back twelve months. Whereas I’ve been informed in the past that additional inquiries will get you zonked, that is not the case currently. Depending upon your length of credit history, after three to five “hard” inquiries in the last twelve months, they quit counting. now. A hard inquiry is done at your request for reasons of granting credit. Fewer is better. Longer history of credit means they will allow you more inquiries.

Mortgage inquiries, if done within the correct time frames, still only count as one, no matter how many. Automobile inquiries also count differently than other inquiries.

Types of credit used is 10%. They’re looking for a reasonable balance between types. The absolute worst type of account to have is from one of those zero interest finance companies. You know the ones, “Buy this sofa now and no payments and no interest for twelve months.” People who are broke but need or want stuff now do this, and that’s why the hit happens. They are deferring payment. You suffer guilt by association.

15 percent is length of credit history. How long you have had revolving accounts divided by the number of revolving accounts you have had. You have three cards that have all been going for thirty years, that’s a better picture than five cards of which four are brand new.

I’ve been telling people not to close open accounts. This is confirmed as not a good thing to do. Closing an open account can cause your credit to drop by as much as 80 points in some circumstances. If it doesn’t cost you anything, don’t close it.

Balances is thirty percent of your score. There are significant hits at fifty and seventy five percent of your credit limit on each card. Significantly, a small balance is a little bit better than zero, even. This is one reason you want to charge something you’d buy anyway to your credit card. Just make sure you pay it off. Some credit cards (specifically charge cards in particular, not to mention any specific names of charge card companies where the balance is due in full every month) will report your high balance as being your limit. So make certain your credit limit is being accurately reported. If your balance is incorrectly reported, in general the only way to correct it quickly is with a letter from the provider, signed and on their letterhead, saying “Your balance as of (date)is $X”

Payment history is 35 percent of your score. This is divided into three categories: 0-6 months, 7 to 23 months, and 24 months or older. If you have had a delinquent credit reported within 6 months, you are getting the full impact in terms of lowering of credit score. Between 7 and 23 months is a lesser impact. Over 24 months is still less impact.

Important: DO NOT PAY OFF OLD COLLECTION ACCOUNTS! It can cause a 100 point drop in your score. Here’s why. You owed $X to company A, and five years ago they sent it out for collection. Now you go back and pay it off, and the date it’s marked with is TODAY. It’s gone from being over two years old to being current as of now, bringing the full impact to bear once more. The one exception to this is a deletion letter. If you get a deletion letter on their letterhead signed by them saying “Please delete this account,” you can make it vanish off your credit report as if it never was. Note that you may still have to pay off collection accounts, but do it as a part of escrow, where the loan is done before your credit is hit.

There are tools out there that can be used to analyze and tell you how to improve your score or how best to improve it with a given amount of money.

Bankruptcy: Three things determine what kind of credit score you’ll have coming out of bankruptcy. 1) Percentage of trade lines you include in the bankruptcy. More is worse, lower is better. Including half your trade lines will not hurt you nearly so bad as including all your trade lines. 2) Number of inquiries. If you’ve still got one or two open lines you didn’t include, you may not need more after discharge and you won’t go apply for more. The poor schmuck who includes everything needs more to start a credit history, and is dinged HARD for each turndown inquiry. 3) Post bankruptcy payment history: if you included everything in the bankruptcy, you have no history until you get more credit. Can you say, “Vicious Circle,” boys and girls? Knew you could. No payment history is even worse than a bad payment history, but any reports of delinquencies after bankruptcy hits you much harder than if you were never bankrupt and had a late.

Last individual points:

Rate on credit card does not affect FICO score.

Nor does salary, occupation, employment history, title, or employer.

Credit Repair Services cost a lot of money for things you can do for free.

If you are disputing a medical collection (only) it doesn’t count on your score.

Finally, a note about a likely coming change. If you are a regular around here, you may realize what a hole negative amortization loans can be. There is a high likelihood that in the near future the fact that you possess a negative amortization loan will be counted heavily against you, score-wise. The reasons this change is coming is obvious: Your payment every month is not covering your interest charges. This is not a situation that can go on indefinitely, and it is indicative of someone who is likely to be in over their head.

Caveat Emptor

Credit Lines, Number and Length of Time Open

from an email:

On a related note, I hope you might have some advice for us. My husband and I just sold our condo. But we are NOT buying at the moment. Instead we are renting. (Not sure where we are going to be 6 months out and buying does not sound like a good idea until we are settled again.) So we are spending a small part of the profit off the sale on retiring the only credit card debt we still have and putting the rest in a money market to earn interest until we can use it as a down payment on our next house.

However, with no credit card debt and no mortgage (and one car loan that will be paid off in about a year) I am afraid that by the time we buy a house, we won’t be considered good credit risks because of not having loans we are paying on.

We DO have a credit card that we put some charges on and pay off every month. Is that enough? Or is there something else we should be doing now to make sure we remain credit-worthy for a mortgage loan?

We will be renting an apartment. Does that show up on the credit report?


In general you want to have two open lines of credit to have a credit score. This doesn’t mean that you necessarily have to have a balance on either of those lines of credit.

What you’re doing seems fine and like a good idea. It’s a rough market; I probably wouldn’t buy right now unless I knew I was going to stay (or keep it) five years or more. In general, rent does not show up on a mortgage provider’s credit report. It probably will not count as an open line of credit.

The card you use, which I gather is what you use to maintain credit, needs to be an actual credit card, which appears to be the case. If it is a debit card, it doesn’t count as a line of credit to determine whether you have two open lines of credit or not. If it is indeed a credit card, you’ve got one existing line of credit that you’ve had for a while. Keep it open, keep paying it off every month. This helps your credit score even if you never carry a balance.

However, instead of closing the (other) credit card you have a balance on, may I suggest that you simply pay it off but keep it open? Unless it has a yearly charge just for having it, it costs you nothing to keep it in your safe at home. This gives you one open line of credit, and because you’ve had it for a while, this is better than a new line of credit (length of possession of open lines is one factor determining credit scores, and over five years is best). You might want to use it once per six months or so just so they don’t think you’ve cancelled. As long as it’s a regular credit card where if you pay it off within the grace period there is no interest charge, and that’s your second open line of credit.

You also currently have a installment payment operative, which is fine as long as you keep paying it on time. Depending upon how much you’re getting in interest on the money market, it may behoove you to ask for a payoff. If the money market is getting two percent taxable and you’re paying five on the installment debt (not tax deductible), you may wish to consider paying it off. On the other hand, if either of the two above cards is a debit card, this is your second line of credit, so keep it open long enough to get something else.

I live in San Diego, which has several big credit unions, and I’ve had good experiences having my clients apply for credit cards with most of them (they’re also a decent source for second mortgages and home equity lines of credit – that’s where they’re set up to compete best – but first mortgages I can usually beat them blindfolded, because it’s not where they’re set up to shine). There are also any number of available offers on the internet, but check out the fine print carefully. Credit Unions may not be absolutely the best credit cards available, but they tend to be shorter on the Gotcha! provisions.

(Internet searches for credit unions in Los Angeles turn up fifty or more; in the Bay area a similar number. You need to do your due diligence and you may not be eligible to join most, but I’ve found it worth doing as opposed to doing business with the major banks and credit card companies that advertise like mad. The money to advertise doesn’t come from nowhere.)

This should help you make informed choices as to what to do given your current situation to maintain two open lines of credit and a good credit score. Please let me know if this does not answer all of your questions or if you have any further questions.

Caveat Emptor

Tax Treatment of Annuity Withdrawals

Asymmetrical Information has a good article about the political and budget problems faced by pensions everywhere. It touches upon the treatment of annuities, one of the most popular investment vehicles there is. Most defined contribution pensions (e.g. 401k, among others) in the United States are actually funded by variable annuities.

Annuities currently have in interesting tax status, and there are several kinds. They are certainly popular instruments and their tax deferred status gives them appeal to many investors. For this purpose however, I am going to restrict myself to the question of whether or not they have been annuitized, which is the actual process of exchanging a pool of dollars that you (basically) control for a stream of income.

If the annuity has not been annuitized, it is taxed on a “Last In First Out” or LIFO basis. What this means is that the dollars that come out are presumed to be from the most recent that went in. In other words, insofar as possible, it is the original principal that is untouched and the earned income you are using. So if you put $100,000 in (assuming the money is “after tax” as many people have annuities with “before tax” money involved), as long as the balance remains over $100,000 you are assumed to be withdrawing earnings and every penny is taxable. Only after you have depleted the annuity account below $100,000 are you presumed to be using your contributed money. Note that every dollar of contributed money you use lowers this threshold, or “basis” in the account. If you take $20,000 of the original money, your basis is now $80,000, and this is the new threshold value. Note that basis can also be increased by subsequent contributions.

If you annuitize the pool of dollars by exchanging it for a stream of income, there are implications brought on by the fact that you no longer own the pool. The first of these is that the exchange is irrevocable. It doesn’t go backwards. You can certainly exchange the stream of income for another pool of dollars now, but expect the pool to be smaller than it was as both exchanges have made the insurance company offering them a profit.

But because the exchange is irrevocable, the IRS will treat it somewhat more favorably. What they will do is take an actuarial treatment of how long you are expected to live, and then make a determination based upon that of how much of each month’s payment is interest and therefore taxable, and how much is a return of principal, and therefore not taxable in most cases. If you outlive your actuarial expectation the whole thing becomes taxable. If you annuitized a before tax account like a traditional IRA or 401k, the whole computation is moot, of course.

The implications are fairly obvious. In general, an annuity is not an account you should “protect” by drawing down other accounts instead. Indeed, annuities should probably be near the head of the list of accounts that you should should draw down and/or use to exchange value for something else that is largely tax free, like life insurance or Roth accounts, lest there be a large tax liability upon your death. It also takes about fifteen years for a variable annuity’s tax deferred status to pay for itself as opposed to other investments which are not inherently tax deferred, such as mutual funds. There are very strong arguments for placing even tax deferred accounts in variable annuities, but this article is not the place for them, and you should understand both sides before making a decision.

Nonetheless, thanks to Asymmetrical Information for giving me the idea for an article.

One Loan versus Two Loans

One of the questions we ask all the time is whether to do your financing as one loan or two loans. Until comparatively recently, one loan was the default option, but people have been learning that splitting their home financing up into two loans can save them significant amounts of money.

There is significant resistance to the idea of having two mortgages on the part of some people. I have never had a conversation where somebody came out and said why they didn’t want to split their mortgage into two pieces, but I can offer some hypotheses. Two loans is two sets of paperwork, two checks to write, twice as much paperwork to fill out and twice as many things to keep track of. If I can’t show them concrete benefit, they don’t want to do it.

In the cases where equity is or is going to be less than 20% of the value of the house, this is not difficult. Sometimes if the client is in a subprime situation anyway, a loan between eighty and ninety percent can sometimes be marginal, but loan amounts at or above ninety percent of the value of the home is pretty much universally better as two loans.

To illustrate why, let us consider a $300,000 home with a $300,000 loan. Let us posit that your credit score is dead average (about 710), and we desire a Full documentation 30 year fixed rate loan for the primary loan, and a thirty day lock, and that this is purchase money.

I’m pulling down a price sheet on a random “A paper” lender from my deleted files, and pricing accordingly. Since A paper price sheets change every day, this is intentionally stuff I can’t (exactly) do right now, used as an example lest somebody in the Department of Real Estate otherwise construe this as a solicitation. Furthermore, I’m pricing at “par”, no discount or rebate.

If we do it at par, this would have been 6.375%. To this would be added a charge for PMI of about 2.25% on the entire value of the loan, making your effective rate 8.625%. Furthermore, the PMI component is not deductible. Your payment is $1871.61 plus $562.50 PMI for a total of $2434.11, or which only $1593.75 is potentially tax deductible. If you want to make it deductible by adding it into the rate, the payment goes to $2333.36 with potential tax deductions of $2156.25, so that’s a benefit right off, but you then have to actually refinance in order to get rid of PMI as opposed to having it removed automatically if and when your home value appreciates sufficiently. Nonetheless, most people do refinance so I’ll assume this is what you do.

Now let’s price it out as two loans. Par is 5.875 percent for the 80 percent loan. Doing the second as a 30/15 gives a rate of 8.75. This means it’s thirty year amortization, but the balance is due in fifteen years as a balloon – so you either have to pay it off by then or refinance by then. Nobody does 30 year flat fixed rates on 100 percent seconds at any kind of decent rate. Better to do is as a 30/15 second. Doing it as a variable rate home equity line of credit gives a rate of 8.75 also.

The payment is $1419.69 on the first, fixed for thirty years, and $472.02 on the second. Total payment $1891.71, potential tax deduction $1175.00 plus $437.50 for a total of $1612.50.

Comparing the one loan versus two loans directly, and assuming you’re in the 28 percent marginal tax bracket with standard deduction of $9600 and assuming your other deductions of $5000 and you did get to deduct 100% of mortgage interest, for one loan you get a tax savings of $5975, plus principle paid down of $2211 – but your total payments are $28,000.32 over the year. Net total cost to you is $19814. For splitting it into two pieces, you get tax savings of $4130, remaining principal paid down of $3448 total, and total payments is only $22,700. So your net total cost is $15,123 – a savings of $4691, plus you owe $1237 less next year, on which you will pay $74 less interest.

So you see, there are concrete advantages to having your loan split into two pieces.

Loan officers, however, typically get paid either zero or a flat fee for the second mortgage, whereas they get a percentage for the first mortgage, so they may be motivated to sell you on doing one loan to increase their compensation. As you can see, this is not usually in your best interest. Matter of fact, if your loan is above the conforming loan limit, it can be beneficial to you so split it into a conforming loan and a second for that reason alone. If you shop around, you increase the chances of finding a loan officer who will do the loan from the point of view of what works best for you, rather than what best lines their own pockets.

Caveat Emptor

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.