Chapter 4
IN THIS CHAPTER
Understanding the basic building blocks of mortgages
Looking at mortgage terminology
Finding out about prepayment penalties and private mortgage insurance
Like brain surgeons, nuclear physicists, pizza makers, and all other highly skilled professionals, financial wizards have developed their own weird customs, practices, and terminology over the centuries. If you want to do business with financiers, knowing how to speak their language helps, because they rarely bother to speak yours. A steady diet of jumbo loan with points au gratin on the side and the infamous house specialty, prepayment penalty flambé, for dessert leaves even the hardiest borrower intellectually constipated.
Worse, some unscrupulous lenders may use your fiscal ignorance to maneuver you into getting a loan that’s good for them but bad for you. Even though an assortment of loans may outwardly appear to be equally attractive, they’re usually not — not by a long shot.
The good news is that lending ain’t rocket science. This chapter explains what makes a loan tick and helps you speak the language of lending like a pro. (Chapter 5 takes you through the particulars of choosing the best loan for you.)
Money isn’t magical. It’s a commodity or consumer product like HDTVs and toasters. Lending institutions such as banks, savings and loan associations (S & Ls), and credit unions get their raw material (money) in the form of deposits from millions of people just like you. Then they bundle your cash into neat little packages called loans, which they sell to other folks who use the money to buy cars, college educations, and cottages. Lenders make their profit on the spread (differential) between what they pay depositors to get money and what they charge borrowers to use the money until the lender is fully repaid.
Interest: No linguistic confusion here — interest is what lenders charge you to use their product: money. It accumulates over time on the unpaid balance of money you borrowed (the outstanding principal ) and is expressed as a percentage called the interest rate. For instance, you may be paying an interest rate of 19.8 percent or more on the unpaid balance of your credit card debt. (We recommend that you pay off credit card balances as soon as possible!)
Consumer interest for outstanding balances such as credit card debt and a car loan is not
deductible on your federal or state income tax return. Interest paid on a home loan, conversely, can be used to reduce your state and federal income tax burdens. There’s a major difference in how you borrow money. Understanding these income tax write-off rules can save you big bucks.
Term: All good things come to an end sooner or later. A loan’s term is the amount of time you’re given by a lender to repay money you borrow. Generally speaking, small loans have shorter terms than large loans. For instance, your friendly neighborhood credit union may give you only four years to pay back a $20,000 car loan. That very same lender will graciously fund a loan with a 30-year term so you have plenty of time to repay the $200,000 you borrow to buy your dream home.
Lenders allow more time to pay back large loans to make the monthly payments more affordable. For example, you’d spend $568 a month to repay a $100,000 loan with a 5.5 percent interest rate and a 30-year term. The same loan costs $818 a month with a 15-year term. Even though the 15-year loan’s
payment is $250 per month higher, you’d pay far
less interest on it over the life of the loan:
Don’t let a seemingly low monthly payment (with a longer-term loan) fool you into paying a lot more interest over the long haul.
Just for the heck of it, ask the next thousand people you meet what a mortgage is. Approximately 999 of them will tell you that it’s a loan used to buy a home.
Amazingly, every one of them is wrong. Common usage aside, a mortgage is not simply a loan. This section clarifies what a mortgage is and isn’t.
Mortgage is a word lenders use to describe a formidable pile of legal documents you have to sign to get the money you need to buy or refinance real property. What’s real property? It’s dirt — plain old terra firma and any improvements (homes, garages, cabanas, swimming pools, tool sheds, barns, or other buildings) permanently attached to the land.
Mortgages aren’t used only to facilitate home purchases. They’re used whenever people acquire any kind of real property, from vacant lots to commercial real estate such as shopping centers and the Empire State Building.
Mortgages encumber (burden) real property by making it security for the repayment of a debt. A first mortgage ever so logically describes the very first loan secured by a particular piece of property. The second loan secured by the same property is called a second mortgage, the third loan is a third mortgage, and so on. You may also hear lenders refer to a first mortgage as the senior mortgage. Any subsequent loans are called junior mortgages. Money imitates life.
This type of financial claim on real property is called a lien. Proper liens invariably have two integral parts:
From a lender’s perspective, each junior mortgage (subsequent mortgage after the first loan on the property) is increasingly risky, because in the event of a foreclosure, mortgages are paid off in order of their numerical priority (seniority). In plain English, the second mortgage lender doesn’t get one cent until the first mortgage lender has been paid in full. If a foreclosure sale doesn’t generate enough money to pay off the first mortgage, that’s tough luck for the second lender. Due to the added risk, lenders charge higher interest rates for junior mortgages.
The security instrument used in your transaction can vary from one state to the next depending on where the property you’re financing is located. Mortgages and deeds of trust are the most common types of security instruments. Without further ado, we give you some important information about them.
As a legal concept, mortgages have been around centuries longer than deeds of trust, their relatively newfangled siblings. That’s why folks nearly always refer to real property loans as mortgages even if they live in one of the many states where a deed of trust is the dominant security instrument. The other states use mortgages as security instruments.
The seniority of mortgages explains why they’re the prevalent security instrument in many states east of the Mississippi River, the first part of the country to be settled. Check with your real estate agent or lender to find out which kind of security instrument is used where your property is located.
Here’s how mortgages operate:
Mortgages and deeds of trust are both used for exactly the same purpose: They make real property security for money you borrow. However, mortgages and deeds of trust use significantly different methods to accomplish that same purpose. The following list highlights the features of a deed of trust:
For simplicity’s sake in this book, we use mortgage, deed of trust, and the loan you get to buy a home as interchangeable terms. You, however, must promise us that you’ll always remember the difference and who explained it to you!
Just because you can speak mortgage fluently doesn’t mean you’ll be able to communicate with lenders. The following sections offer more essential loan jargon. Consider these dynamic duos: mortgage loan options such as fixed or adjustable rate, government or conventional, primary or secondary, conforming or jumbo, and long- or short-term.
FRM, ARM, or whatever — don’t let the alphabet soup of mortgages available today confuse you. No matter how complicated the names sound, all loans fall into one of the following basic classifications:
Fixed: This type of loan either has an interest rate or a monthly payment that never changes. A fixed-rate mortgage (FRM) is just what it claims to be — a mortgage that keeps the same interest rate throughout the life of the loan.
Even though you have a fixed-rate mortgage, your monthly payment may vary if you have an impound account
(for folks who put less than 20 percent cash down when purchasing their homes).
In addition to the monthly loan payment, some lenders collect additional money each month for the prorated monthly cost of property taxes and homeowners insurance. The extra money is put into an impound account by the lender, who uses it to pay the borrower’s property taxes and homeowners insurance premiums when they’re due. If either the property tax or the insurance premium happens to change (and they do typically increase annually), the borrower’s monthly payment is adjusted accordingly.
Through either insuring or guaranteeing home loans by an agency of the federal government, Uncle Sam is a major player in the residential mortgage market. Such mortgages are called, you guessed it, government loans. The remaining residential mortgages originated in the United States are referred to as conventional loans.
Here’s a quick recap of government loans:
Federal Housing Administration (FHA): The FHA was established in 1934 during the depths of the Great Depression to stimulate the U.S. housing market. It primarily helps low-to-moderate income folks get mortgages by issuing federal insurance against losses to lenders who make FHA loans. The FHA is not a moneylender. Borrowers must find an FHA-approved lender such as a credit union, bank, or other conventional lending institution willing to grant a mortgage that the FHA then insures. Not all commercial lenders choose to participate in FHA loan programs due to their complexities.
Depending on which county within the United States the home you want to buy is located, you may be able to get an FHA-insured loan of up to $636,150. The minimum loan amount under this program is $275,665 with a $636,150 maximum as of 2017. The loan limit varies based on the cost of housing in each area. (For current, up-to-date lending limits by area, visit the FHA Mortgage Limits web page at
https://entp.hud.gov/idapp/html/hicostlook.cfm
.)
Lenders make loans directly to folks like you in what’s called the primary mortgage market. Few lending institutions keep mortgages they originate in vaults surrounded by heavily armed guards. Lenders sell most of their mortgages to pension funds, insurance companies, and other private investors as well as certain government agencies in the secondary mortgage market. Why do mortgage lenders sell mortgages they originate? They want to make a profit and to obtain more funds to lend.
Uncle Sam is an extremely important force in the secondary mortgage market through two federally chartered government organizations — the Federal National Mortgage Association (FNMA, or Fannie Mae ) and the Federal Home Loan Mortgage Corporation (FHLMC, endearingly known as Freddie Mac ). One of the primary missions of Fannie Mae and Freddie Mac is to stimulate residential housing construction and home purchases by pumping money into the secondary mortgage market.
Fannie Mae and Freddie Mac boost home purchases and construction by purchasing loans from conventional lenders and reselling them to private investors. These government programs are far and away the two largest investors in U.S. mortgages.
These programs aren’t meant to subsidize rich folks. To that end, Congress establishes upper limits on mortgages Fannie Mae and Freddie Mac are authorized to purchase. Table 4-1 shows the 2017 maximum mortgage amounts for one- to four-unit properties. Note: These are the general loan limits for most areas, but if you’re buying a property in a so-called “high-cost” area, the maximum mortgage amounts are 50 percent higher than those in Table 4-1 .
TABLE 4-1 2017 Fannie Mae and Freddie Mac Maximum Mortgage Amounts for One- to Four-Unit Properties
# of Units |
Continental U.S. |
Alaska, Hawaii, Guam & U.S. Virgin Islands |
1 |
$424,100 |
$636,150 |
2 |
$543,000 |
$814,500 |
3 |
$656,350 |
$984,525 |
4 |
$815,650 |
$1,223,475 |
Congress periodically readjusts these maximum mortgage amounts to reflect changes in the prevailing average price of property. Any good lender can fill you in on Fannie Mae’s and Freddie Mac’s current loan limits.
This delicious tidbit of information can save you big bucks: Conventional mortgages that fall within Fannie Mae’s and Freddie Mac’s loan limits are referred to as conforming loans. Mortgages that exceed the maximum permissible loan amounts are called jumbo loans or nonconforming loans.
When Congress passed the Economic Stimulus Act of 2008 (The Act), it also created a brand-new type of mortgage neatly notched between a conforming loan and a jumbo loan. We now have three tiers of mortgages:
Fannie Mae and Freddie Mac both imposed tougher qualifying standards on jumbo conforming loans than they have for true conforming loans. Some examples of these tougher standards: Jumbo conforming loans are limited to single-family dwellings, require that you have at least a 700 FICO score if your loan-to-value (LTV) ratio exceeds 75 percent (for Freddie Mac) or 80 percent (for Fannie Mae), and specify that monthly payments on your combined total debt can’t exceed 45 percent of your income.
Fannie’s and Freddie’s jumbo conforming loan programs were originally scheduled to expire December 31, 2008, but Congress keeps extending them, and these programs are still in place as of 2017. Be sure to check with your lender regarding the current status of these loans.
You pay dearly for nonconformity. The higher the loan amount, the bigger the thud if your loan goes belly up. Reducing the loan-to-value ratio is one way lenders cut their risk. To that end, conventional lenders generally insist on more than the usual 20 percent down on jumbo loans. You’ll probably be required to make at least a 25 percent cash down payment. Interest rates on nonconforming fixed-rate mortgages generally run from ⅜ to ½ a percentage point higher than conforming FRMs. When mortgage money is tight, the interest rate spread between conforming and jumbo FRMs is higher; when mortgage money is plentiful, the spread decreases.
Any loan that’s amortized more than 30 years is considered to be a long-term mortgage. Reversing that guideline, short-term mortgages are loans that must be repaid in less than 30 years. Wow. Definitions that actually make sense.
These standards harken back to less complicated times before the late 1970s when people could get any kind of mortgage they wanted as long as it was a 30-year, fixed-rate loan. Back then, choices for a short-term mortgage were nearly as limited. Homebuyers could have an FRM with either a 10- or 15-year term or a balloon loan with, for example, a 30-year amortization schedule and a 10-year due date. They made the same monthly principal and interest payments for ten years and then got hammered with a massive balloon payment to pay off the entire remaining loan balance. (The reality was that homeowners simply had to refinance the remaining loan balance through a new loan either with their current lender or another lender.)
The total interest charges on short-term mortgages are less than total interest paid for equally large long-term loans at the same interest rate because you’re borrowing the money for less time. Because a lender has less risk with a short-term loan, such loans usually have lower interest rates than comparable long-term mortgages. For instance, the interest rate on a conforming 15-year, fixed-rate mortgage is generally about ½ a percentage point lower than a comparable 30-year FRM.
In our prior example (see the section “Grasping Loan Basics: Principal, Interest, Term, and Amortization ”), we say that you’d spend $568 a month to repay a $100,000 FRM with a 5.5 percent interest rate and a 30-year term. The same FRM with a 15-year term and 5.5 percent interest rate costs $818 a month. If that loan has a 5 percent interest rate, its payment would drop to $791 per month. The half-point interest rate cut saves you an additional $4,860 over the life of the loan ($818 – $791 = $27 per month × 180 months). Not too shabby!
Certain warnings are drilled into people until they become as reflexive as the way your leg convulsively jerks when a doctor hits your knee with that little pointy rubber hammer. Don’t stuff yourself on sweets just before sitting down to a good, healthy meal. Don’t forget to floss and brush your teeth. Don’t drink and drive. Think before you post something on social media! Other injurious hazards are more insidious. The following sections offer words to the wise about two of them related to mortgages.
Some lenders punish borrowers severely for repaying all or part of their conventional loan’s remaining principal balance before its due date. As punishment, they impose a charge known as a prepayment penalty. Prepayment penalties aren’t permitted on FHA, VA, USDA, and FmHA mortgages (see the earlier section, “Government or convention loans ,” for more information on these kinds of mortgages).
How much money are we talking about? That depends. Maximum permissible prepayment penalties vary widely from state to state, from one lender to the next — and even from one loan to the next on mortgages offered by the same lending institution. Some lenders will waive the prepayment penalty if you get a new loan from them when you refinance your mortgage or if you’re forced to pay off the loan because you sell your house.
Less sympathetic souls force you to pay upward of 3 percent on your unpaid loan balance, which equals $3,000 on every $100,000 you prepay. Even less humane lenders may insist on a penalty equal to six month’s interest on your outstanding loan balance. If, for example, your mortgage’s interest rate is 8 percent per annum, you’d have to pay $4,000 per $100,000 of principal you repay early.
Now that we have your attention, here’s how to determine whether the lender can impose a prepayment penalty:
You may be tempted to get a loan with a prepayment penalty, because you’re absolutely certain that there’s no way you’ll ever pay it off early. Trust us when we say that circumstances have a way of changing when you least expect them to. Utterly unforeseen life changes force folks to sell property whether they want to or not. Divorce happens. People find their employer has transferred them to another state or worse — fired them! Folks pass away prematurely. Life happens.
Can you tell we’re not big fans of prepayment penalties?
Mortgage insurance protects lenders from losses they may incur due to the dreaded double whammy of default and foreclosure. Uncle Sam provides the mortgage insurance on government loans (FHA, VA, USDA, and FmHA). Private insurance companies provide private mortgage insurance (PMI) on all other loans.
Who pays for this insurance? You, of course — if you want a conventional loan and can’t make at least a 20 percent cash down payment on the property you’re buying or refinancing. (If that doesn’t apply to you, school’s out. You have our permission to skip the rest of this chapter.)
“Wait a second,” you say. “That seems incredibly inequitable, even for lenders. I pay for the insurance, but my lender gets the proceeds? What’s in it for me?” A loan. It’s the only way to get conventional financing with a low cash down payment. That’s the deal. Take it or leave.
Twenty percent is a magic number to institutional lenders. They made a fascinating empirical discovery after suffering through years of expensive, unpleasant experiences with belly-flopped loans. At least a 20 percent down payment is necessary to protect their investment (the mortgage) if you cut and run on your loan. We know you’re wonderful and would never default on your mortgage. Unfortunately, lenders don’t know you nearly as well as we do.
Look at things from their perspective. Suppose that you put only 10 percent cash down. A severe recession occurs, and property values drop 15 percent. You lose your job because your business fails, and you can’t make your monthly loan payments. The lender is forced to take your house away from you in a foreclosure action and sell it to satisfy your debt. Farfetched? Hardly. Read your local paper. Stranger things happen every day. Witness the jump in foreclosures in most areas in the years just before and after the 2008 financial crisis and recession.
After the poor, misunderstood lender involuntarily takes back your now vacant home, fixes it up to make it marketable, and pays the real estate commission, property transfer tax, and other customary expenses associated with the sale of your house, there won’t be nearly enough money left to pay off your loan. Your lender will lose his corporate shirt. If that scenario happens too often, the lender goes belly up.
What you’ll end up spending for PMI depends on the following factors:
PMI origination fees and monthly premiums change frequently. Check with your lender for specifics on PMI expenses for your loan.