Module 4 Flashcards
9 steps in the homebuying process (3 with housing counselor assistance, 6 with assistance from others)
housing counselor assists with:
1) determining if homeownership is right for the client
2) figuring out how much the client can afford
3) helping clients understand their rights
other professionals help with:
4) shopping for a home
5) making an offer
6) obtaining financing
7) getting a home inspection
8) purchasing homeowners insurance
9) closing on the home
questions to ask clients and why to ask them:
do you foresee the need to change jobs or relocate in the next several years?
homeowners need a consistent income in order to qualify for a mortgage and make monthly payments
also, to ensure that homeowners can recoup the homebuying and selling costs, they should consider remaining in the home they purchased for several years
homeownership may not be the ideal short-term plan for clients who might move in the near future for work or other life situations
questions to ask clients and why to ask them:
are you willing to properly maintain the home and make repairs as needed?
homeowners take care of all home repairs, maintenance, and yard work either by doing it themselves or hiring contract workers
homeowners should be willing to accept these new responsibilities, which require time and money
to demonstrate readiness, a client should be willing to take steps such as learning basic home repair skills, adding a budget item for home repairs and home maintenance projects, or creating a maintenance plan for major household systems
a housing counselor can assist a client to create an adjusted budget and maintenance plan
questions to ask clients and why to ask them:
do you have a record of paying your bills and debts on time?
when homeowners do not make mortgage payments, they risk foreclosure
it is best if homeowners establish the habit of paying bills on time before purchasing a home
questions to ask clients and why to ask them:
is your credit score currently above 640?
homebuyers with higher credit scores will typically qualify for better mortgage terms
though clients with scores below 640 may have financing options, the cost to obtain a mortgage may be more expensive
in addition to products insured by the FHA, some lenders have introduced programs for first-time homebuyers and conventional mortgage products for borrowers with lower credit or limited credit
questions to ask clients and why to ask them:
do you have enough money in savings for a down payment, closing costs, and other fees?
in order to purchase a home, potential homeowners need to have sufficient savings to cover down payments (up to 20% of the home price), closing costs, other fees incurred in the purchase process, initial home repairs and utility charges, and personal monthly financial obligations
questions to ask clients and why to ask them:
are you willing to abide by standards established by a community association?
homeowners may be part of communities or homeowners associations that have established rules and regulations
questions to ask clients and why to ask them:
are you willing to adjust your budget and spending habits?
homebuyers need to include additional expenses in their budgets related to buying and maintaining a home
with this in mind, clients may need to adjust spending habits to afford those expenses
questions to ask clients and why to ask them:
do you have the ability to make a mortgage payment every month in addition to other debt payments and living expenses?
debt-to-income ratios are used to determine if potential homeowners will have enough money to make their monthly payments in addition to other financial obligations
questions to ask clients and why to ask them:
is your annual income equivalent to at least a third of the average home price in the desired neighborhood?
clients can roughly estimate how much they can pay to purchase a home by multiplying their annual gross income by three
questions to ask clients and why to ask them:
have you previously owned a home?
first-time homebuyers (those who have not owned a home for at least 3 years) may be eligible for homebuying programs with down payment assistance
for previous homeowners, it is important to ask for details, as clients who lost a home due to an economic hardship event may be eligible for special programs
10 questions to ask clients considering purchasing a home
1) do you foresee the need to change jobs or relocate in the next several years?
2) are you willing to properly maintain the home and make repairs as needed?
3) do you have a record of paying your bills and debts on time?
4) is your credit score currently above 640?
5) do you have enough money in savings for a down payment, closing costs, and other fees?
6) are you willing to abide by standards established by a community association?
7) are you willing to adjust your budget and spending habits?
8) do you have the ability to make a mortgage payment every month in addition to other debt payments and living expenses?
9) is your annual income equivalent to at least a third of the average home price in the desired neighborhood?
10) have you previously owned a home?
5 areas to help clients understand their rights
1) FHA
2) abusive lending practices
3) loan scams
4) mortgage regulations
5) lender disclosures
8 professionals who help clients in the homebuying process
1) real estate agent/broker
2) lender
3) underwriter
4) home inspector
5) appraiser
6) closing agent
7) insurance agent
8) assessor
real estate agent/broker
an individual who is licensed to negotiate and arrange real estate sales for a commission
buyers and sellers typically hire their own real estate agents to represent their interest in the transaction
a real estate agent typically works for a real estate broker
a Realtor is a real estate professional who is a member of the National Association of Realtors
other housing professionals can be members of NAR, including property managers, appraisers, and others
both the seller’s broker and the buyer’s broker typically receive a percentage of the selling price of the home as sales commission - the seller usually pays the commission of both brokers
lender
a lender refers to a person or company that makes loans for real estate purchases
a related term, loan officer, refers to the representative of a lending or mortgage company who is responsible for soliciting homebuyers, qualifying candidates for loans, and processing loans
some loan officers, or lenders, are paid a flat salary, and others are paid on commission from the fees attached to the loan
underwriter
an underwriter is a lender’s representative who analyzes a loan application, the potential borrower’s credit history, and a judgment of the property value
by analyzing these things, they determine the amount of risk involved in making the loan and the amount a borrower has the ability to repay
an underwriting fee may be included in the homebuyer’s closing costs
home inspector
a home inspector is a professional who conducts an inspection of the home’s structure and mechanical systems to determine quality, soundness, and safety
they make the potential buyer aware of any repairs that may be needed
the buyer generally pays these professionals directly
appraiser
an appraiser is a professional who estimates a property’s fair market value based on the sales of comparable homes in the area and the property’s features
this estimate is generally required by a lender before loan approval to ensure that the mortgage loan amount is not more than the value of the property
appraisers also identify health and safety issues of a home
it is common for lenders to hire an appraiser and add the appraisal fee to the buyer’s closing costs
closing agent
aka settlement agent, this individual oversees the final transaction in the property purchase
during this transaction, the title is transferred from the seller to the buyer, and the seller receives payment for the property
depending on state requirements, a closing agent may be either an attorney or an escrow agent
in some states, an attorney is required to oversee the closing
the responsibility of paying the closing agent should be negotiated between the seller and the buyer
insurance agent
most lenders require homeowners to obtain homeowners insurance before a loan is issued
homeowners insurance policies combine protection against damage to a dwelling and its contents
these policies protect against fires, storms, or other damages, as well as against claims of negligence or inappropriate action that result in someone’s injury or property damage
insurance is paid directly to the company or through a portion of monthly mortgage payments, which is placed into an escrow account and distributed to the insurance company on an annual basis
assessor
a government official responsible for determining the value of a property for taxation purposes
making an offer - initial offer letter
real estate agents or brokers will consult with homebuyers to determine a price to offer the sellers
they may base this amount on the sales price, as well as other factors, such as the prices of other homes sold recently in the area
the buyer’s real estate agent or broker writes a sales contract stating the determined price and gives this to the seller’s real estate representative
making an offer - negotiations
sellers may accept the buyer’s initial offer, decline the initial offer, or make a counter-offer
in counter-offers, the sellers might adjust the time frame on closing or ask for a higher price
the buyer’s real estate agent or broker will help navigate this process
making an offer - earnest money
when buyers and sellers reach an agreement on a price and terms of the deal, the buyers will give their real estate agent a check for the earnest money deposit to be held until closing
the purpose of the check is to prove the buyer’s sincere intent to purchase the home
the amount offered typically ranges by region, from as low as 1% of the sales price to as high as 10%, and can be negotiated - a higher amount shows greater intent to buy
GSE loan or mortgage
a government-sponsored enterprise, or GSE, is a financial services entity created by Congress
a GSE loan or mortgage refers to a mortgage owned by Fannie Mae or Freddie Mac
Equal Credit Opportunity Act (ECOA) - description
federal law requiring lenders to make credit available equally without discrimination based on race, color, religion, national origin, age, sex, marital status, or receipt of income from public assistance programs
Equal Credit Opportunity Act (ECOA) - example violation
a lender denied a loan to an immigrant family
when the family inquired about the reason for the denial, the lender claimed that he could not approve loans for homebuyers who have lived in the country less than five years
Equal Credit Opportunity Act (ECOA) - enforcement
enforced by the FTC - can file complaint with them online
Real Estate Settlement Procedures Act (RESPA) - description
federal law prohibiting certain abusive practices that increase the cost of settlement services
home sellers cannot require homebuyers to purchase title insurance form a particular company and a person cannot give or receive anything for settlement business referrals or for services that are not performed
RESPA governs required mortgage transaction disclosures that describe closing costs, lender servicing and escrow account practices, and business relationships
Real Estate Settlement Procedures Act (RESPA) - example violation
a home seller’s cousin owns a title insurance company and promises the home seller a kickback if he refers the homebuyer as a client
the home seller included the use of his cousin’s company as a requirement for the purchase of the home
Real Estate Settlement Procedures Act (RESPA) - enforcement
enforced by the consumer finance protection bureau
Truth in Lending Act (TILA) - description
federal law requiring that lenders disclose important information to borrowers in a variety of consumer finance transactions, include mortgage finance
Truth in Lending Act (TILA) - example violation
a client submitted a mortgage loan application for a 30-year fixed-rate mortgage and received the required disclosures a few days later
he noticed that the APR listed was higher than the interest rate quoted by the lender and that the loan product included an interest-only payment period
Truth in Lending Act (TILA) - enforcement
enforced by the FTC
TILA-RESPA Integrated Disclosure Rule (TRID) - description
federal law amending regulations under RESPA and TILA
aka the Know Before You Owe rule
requires easier-to-use mortgage disclosure forms that clearly outline the terms of a mortgage to the borrower and provide detailed explanations about how the forms should be completed and used
costs that cannot increase from the time of the loan estimate to the time of the closing disclosure under TILA-RESPA
- fees paid to lender, mortgage broker, or an affiliate of either one
- fees for required service that the lender did not allow the borrower to shop separately for, when the provider is not affiliated with the lender or mortgage broker
- transfer taxes
costs that can increase up to 10% from the time of the loan estimate to the time of the closing disclosure under TILA-RESPA
- required services that the borrower selects from the lender’s list of providers
- government recording charges
costs that can increase by any amount from the time of the loan estimate to the time of the closing disclosure under TILA-RESPA
- prepaid interest, property insurance premiums, and initial escrow account deposits
- fees for required services that the borrower can shop for
- fees for third-party services the lender does not require