Thursday, May 14, 2009

VA Loan no guarantee to buying a home

By Fred Davis

Laurie Lopez is exasperated with her family’s home search.

She and her husband John, a 4-year veteran of the United States Navy, are both in their early 30s, have good credit, good jobs and have already been approved for a $225,000 home loan by their mortgage company.

Problem for them is, they’re trying to use a VA Loan to purchase the family’s first home.

“We’ve probably looked at over 100 homes,” Lopez said of the family’s five-month search in the Corona. “We lost out on the last property we bid on because we were using a VA Loan,” Lopez said. And they had the highest bid according to Lopez.

“People don’t want to mess with the inspections,” Lopez said of seller’s disinterest in selling to buyers using a VA Loan, “too much red tape.”

Lopez said they decided on a VA Loan because, for starters, John earned the VA benefit as part of his service to the United States and was honorably discharged. The VA loan is available to veterans, active duty service members and reservists.

The Lopez’s also liked the idea that there was no down payment required – although they have money for a down payment – and there’s no private mortgage insurance, which they would incur unless they put 20 percent down when purchasing a new home with a conventional mortgage.

They’ve also been approved for an FHA loan, however an FHA loan requires a 3.5 percent down payment as well as monthly mortgage insurance – both of which are not required with a VA loan.

Bryant Lacey, who works in the loan administration department at the VA Regional Loan Center in Phoenix, which includes California in its jurisdiction for regulating VA Loans, admits he’s heard complaints that the VA Loan involves too much “red tape” and that it’s too bureaucratic, but he said those critiques are outdated.

Lacey said the problem with sellers is a lack of information about the VA Loan product.

“Realtors and lenders don’t know the guidelines,” Lacey said.

Over the past 18 months, Lacey said the VA has converted to an electronic reporting system that is accessed by loan servicers, which, in theory, are supposed to help expedite the loan process.

“We’ve tried to streamline the process,” Lacey said.

But Richard Gregg, a real estate agent and loan officer in Corona, said he’s not so sure. He points to a borrower that his company, Oreoit LLC, was working on a VA loan with that finally closed last week – after they started the process in February.

“It usually takes 30-40 days,” Gregg said of closing a deal without using a VA loan.

Gregg said he doesn’t have anything against the VA loan, and he’s seen a few working as a seller’s agent, but has never been through the process himself working as a buyer’s agent. However, from his ten years of experience in real estate and working with others at his company who have dealt with the VA loan, a seller accepting a VA loan comes down to preference.

“They can be very cumbersome,” he said of the loan, “and with a VA appraisal, if repairs are necessary, the seller has to ask themselves, ‘Do I want to put any more money into this property?’”

And in a case like the Lopez’s, where they put down a higher bid on the home they wanted, Gregg said the seller probably received either a cash offer or a conventional loan offer, meaning they wouldn’t have to go through a VA appraisal and they could close the deal on the house faster.

“Without knowing the property, the sellers were probably done putting money into the property,” Gregg said. “Bringing a house to VA or FHA standards can be frustrating.”

In Northern California, the VA loan still has its quirks, but it appears they’re getting a bit more traction than they are in Corona.

In San Leandro, 20 miles southeast of San Francisco, real estate agent Shokoofeh Nowbakht has also been working with a client since February on closing a VA loan. While Nowbakht confirms that it’s taken “a little longer” than she’s used to, she’s glad to be helping a veteran become a homeowner.

“We’ve run into a couple things along the way, but it’s been a team effort the whole time in getting this loan to close,” Nowbakht said, referring to the seller, in this case a bank, plunking down $25,000 in repairs to fix termite damage and the house’s foundation. “You don’t see that very often,” she said of the bank paying to fix the repairs.

Nowbakht said she expects to see the loan close next week, even though she’s had to extend the closing date twice in light of repairs needed to the older 2 bedroom home in San Leandro that went for $250,000, a very low price for a home that size in the Bay area. Now she’s waiting on the appraiser to come back and give a thumbs up to the re-painting of the fence, which is the final obstacle before closing.

“I like the VA loan,” Nowbakht admits, “but I would like to see the VA lighten their guidelines. I know they’re protecting the buyer, and I have no problem with that, but sometimes you run into problems where a repair is needed and it’s uncertain who is supposed to pay for it.”

In Nowbakht’s situation, both she and her client have had to pay for repairs out of pocket on a house that technically isn’t the buyer’s yet, and that can be a problem if the loan doesn’t go through. While that doesn’t appear to be the case this time for Nowbakht, she said that this experience with a VA loan – her first – will better prepare her for the next VA loan.

“I’ll have to be more selective with the houses I show to someone using a VA loan,” she said. “I hope it doesn’t get impossible for people to use a VA loan around here.”

The VA loan limits for San Francisco and San Mateo counties is $1,094,625. The VA loan limit for Riverside County, where Corona is located, is $417,000, the standard VA loan limit.

Brian LeBars, a mortgage broker in Pleasanton, just southeast of Oakland, has been doing business in the Bay area since 2001. He said he’s seeing more VA loans in the last year as more and more veterans are returning to the area.

“The business is shifting back towards government-backed loans,” LeBars said, adding he originates both VA and FHA loans.

LeBars said the VA loan is a good product, although it may not be the best product for everyone. In terms of seeing VA loans getting turned away, he said it can happen but that it really depends on what the lender or seller is looking for.

“It could be a poorly-written pre-approval letter, the buyer may have a low (credit) score, the agent might not be used to VA, it could be a number of things,” LeBars said as to what can lead a seller passing on a VA loan offer.

As for Laurie Lopez, the family continues their house search and the plan is to be in a home by this summer, but a lot will depend on whether a seller accepts a VA Loan.

“I want to be in a home this year,” Lopez said with a tinge of desperation in her voice. She adds that she and her husband will continue to shop with their VA loan, but if the search drags on, they may consider using an FHA loan. But Lopez is hoping it doesn’t come to that.

“I just wish somebody would show the VA loan some love,” she said.

Wednesday, January 21, 2009

Bad Home Loan? Get Out by Using the Loan Forensic Audit

forensicloanauditLoan Forensic Audits: How To Legally Get Out Of Your Bad Loan

by John P. Allen, General Manager of the Veterans Today Network

Leverage! Remember that buzz word! You see when Veterans look for a mortgage, whether it be a VA Home Loan, FHA, or conventional, they rely on professional advice and the aid of a mortgage broker or lender. The loan process is complicated and most everyone places their trust in the professional that is guiding them through the process.

Unfortunately, many of these professionals placed thousands and thousands of borrowers in loans that they could not afford or in just down right exotic mortgages, that now have become extinct.

Predatory lending is a buzz word that is floating around the blogosphere right now and for good reason. There are thousands and quite possibly maybe a million plus people that have mortgages where the Truth in Lending Act was violated, thus falling under the predatory lending statue. Many can stop foreclosure if they only knew what to look for and how to defend themselves.

LOAN AUDIT DOCUMENT
This report is a very specialized and imperative in identifying if a borrower is a victim of predatory lending. A professional review is made of all loan documents and a thorough investigation for miscalculations are made to determine if the loan terms are accurate, truthful, and met the requirements of the applicable federal statutes.

The # 1 goal is to determine whether there were violations of federal law. If these violations are found, then the borrower may be eligible for complete relief of the predatory loan. This is known as a loan rescission. Meaning the lender takes back the "predatory loan" and awards or credits back to the borrower all interest made on payments thus far, loan origination fees, all applicable lenders fees, penalties and attorney's fees.

This can be done by means of a Loan modification or a new affordable loan. This allows the borrower to get a new loan with a smaller principle, meaning that the mortgage can be affordable and non-predatory.

FORENSIC LOAN DOCUMENT AUDIT
What is contained in a Forensic Audit?

  • A complete client interview is made and all applicable parties are interviewed
  • A complete loan document and disclosure audit using the Truth in Lending Act (TILA) and Real Estate Settlement & Procedures Act (RESPA)
  • A reverse engineering of your loan terms and Annual Percentage Rate (APR) for possible TILA violations are made
  • A complete multi page report is made with all violations and findings and a summary that is accepted by the courts

CONSTRUCTIVE FRAUD
Material facts include the terms of the loan, whether there is a prepayment penalty, or any other information which a reasonable borrower would want to know before accepting the loan. Did the broker or loan officer or anyone working for the broker or loan officer fail to disclose any material facts to the borrower?

FRAUD AND NEGLIGENT MISREPRESENTATION
Were any representations, statements, or comments, written or oral made by the loan officer, broker, notary or anyone else which contradicted the terms of the documents?

NEGLIGENT MISREPRESENTATION
When a mortgage professional makes errors which a reasonably diligent mortgage professional would not have made, he or she may have made a negligent misrepresentation.

BREACH OF CONTRACT
The note and its attachments are a contract. The broker must follow all the terms of the contract such as the way the interest is calculated, and the penalties it assesses. Were there any terms in the contract which the lender failed to follow?

All of these things above can be found by taking the time and effort to do a FORENSIC AUDIT of your loan. With this information, it's like having a loaded gun. It gives you leverage in the negotiations. You don't have to fire, you just have to politely point it as the assailant and ask them nicely to rethink their hard line. In the lending business, most people at the lenders are just employees doing their jobs. It's not a personal thing or some fanatical reason they are not talking to you. No, it's just that are simply doing what makes profits for their employers. The only way to get anywhere with them is to use leverage!

So, the key is to raise the cost of them NOT negotiating with you by getting a Forensic Loan Audit and bringing it to their attention and then start negotiation. It's that simple!


John P Allen is General Manager of the Veterans Today Network. He is an experienced professioanal negotiator and teacher. He has a B.A. in Finance from California State Unversity at Fullerton. He has been counseling Veterans for over 25 years on financial issues and helps Veterans get Loan Modifications. He can be reached via email at gm@veteranstoday.com or by phone at 1(619) 819-9360

Saturday, January 17, 2009

VA Home Loans: My Credit Score Stinks, Can we Qualify with Only My Spouse's Credit Score?

I read your well written article, “Are You Eligible for a VA Home loan?” on the VeteransToday.com website. I appreciate your willingness to share your expertise. That is very magnanimous of you! I am impressed that you are willing to take questions. I understand you would be providing me general answers, just based on yet not specific to my situation and your answer can not be construed as a binding approval/denial!

I am a newlywed of less than 30 days. My husband is retired US Military. His credit is very good. The last time we checked it, it was in the high 700’s.

My credit? Urgh! A divorce with disputed liabilities, a lay-off and a collapse of a self-owned business due to financing partner withdrawal for their personal reasons, I am left with a credit in shambles.

I am mortified to say my score is in the low 500’s.

We want to purchase a home. The builder is insisting the VA requires me to apply for the loan as a co-buyer/owner. I have nothing to bring to the table but a bad credit score. I say there has to be an alternative. I mean what happens if a person got a loan and then got married to a bad debt person? Seems unfair to those who are married already.

  1. Do I have to be on the loan or is this an uninformed agent?
  2. If I have to be on the loan how do you suspect my odious situation will affect our approval/amounts?
  3. If I have to be on the initial loan approval is there any way to separate myself from it later like a quitclaim or a rescission?

My husband has worked really hard to earn his good credit rating. I am doing what I can not to impact it negatively. I would hate to interfere with his dream of owning a home again! We know he could go conventional but he earned the right to the VA loan he should reap the benefits.
What do you advise.

ANSWER: Lenders base your collective qualification on the lowest credit score.
So if you want to buy we would have to do it using your spouse info alone!
In other words, we could only utilize his credit score, income and debts for qualification.

You could be on title but NOT the loan.

More and more it is seems like the lenders are raising the minimum score even higher.
I think within the month all major lenders will be requiring a minimum 600 score.

When ready, have your husband fill out our PRE-QUALIFICATION FORM with only his info.

Thursday, January 15, 2009

Having Trouble Paying Your Mortgage? Loan Modification can be the solution

Veterans with Hardships Get Help on their Home Loans with Loan Modification

by Jerred Bulstrom, USMC (Ret.)

Recently, in the media, you may have heard the phrase "Loan Modification" and it sounded intriguing. But what is it and can it benefit you and your family.

Loan Modification is arguably the most effective tool you can use if you are behind on your mortgage and in midst of a financial hardship to save your home from entering foreclosure. With a loan modification, the mortgage loan is restructured so that it is affordable and can fit comfortably into your budget rather than being an overwhelming monthly drain on already tight finances.

Loan modification agreements come in different forms but quite frequently they involve the reduction of mortgage's interest rate for a specified period of time so the homeowner can continue to make payments and stay in the home. Loans can also be modified so they have a longer amortization term (e.g. 40 year instead of 30 year) which will cause the payments to decrease.

In addition, Principal write downs can be obtained and are more common now, especially in this very rough market. The lenders are now willing write off some of your principal to keep you in the home. Why? Because, it's stil less expensive for them to work with you than to take back the home and if writing off some of the principal will make it work, then they do it.

But what is the lenders incentive to work with you? Why do the banks want to renegotiate with you? What leverage do you have?

Well, that's a great question. The short answer is that they will NOT negotiate with you until you have real leverage. Not the bluffing kind that you hear about but real genuine leverage that forces them to the table to renegotiate.

In most cases, the real leverage is that you have a true hardship that is causing you to be unable to meet the original terms of the loand agreement and its' forcing your hand. In addition, professional forensic audits can also bring you leverage. Audits find errors and omissions or even, and now more common, fraud committed by one one or more of the vendors who were involved in the origination of the loan causing the loan to be placed in "hey this needs to go to court" status which is a the worst thing a lender wants to hear. Why? If a lender truly believes that a fraud may have been committed, they know that they will lose massive amounts of money and lost revenue while you get to stop making payments and stay in the house while the court drags on for months and months - many cases years. In other words, its costly to them and that gives you even more leverage to say "hey, let's talk about this".

The point of this article is that loan modification is a real tool for you to use to put yourself back in the game. And it could be for you.

For U.S. Veterans, the type of loan you have, whether it be a current VA Home Loan, FHA, Conventional or other, will define your best strategy on how to structure your game plan and making it happen.

So if you love your home and know you can afford it, but the current mortgage is threatening a loss of both home and good credit, contact me and I will listen and then counsel on what is the best strategy for you to get it going now!

Working with lenders can be a real pain, I know. But their is help out there for you now.

Click to learn more about Loan Modification

ABOUT THE AUTHOR: Jerred Bulstrom is a loan modification specialist with the Veterans Today Network and VA Home Loans Today. He served in both the U.S. Amry and United States Marine Corp based at Camp Pendleton serving combat duty in Iraq. He can be reached via email at jerred@veteranstoday.com or by phone at 1 (619) 819-9360

Wednesday, January 7, 2009

Loan Modification - Frequently Asked Questions

A Loan Modification is a permanent change in one or more of the terms of a mortgagor's loan, allows the loan to be reinstated, and results in a payment the mortgagor can afford.

APPLY NOW!

Question 1: In utilizing the Loan Modification option to bring an asset current, can the mortgagee include all fees and corporate advances?

Answer: Mortgagee Letter 2008-21 states in part: Legal fees and related foreclosure costs for work actually completed and applicable to the current default episode may be capitalized into the modified principal balance.

Question 2: May a mortgagee perform an interior inspection of the property if they have concerns about property condition?

Answer: Yes, the mortgagee may conduct any review it deems necessary to verify that the property has no physical conditions which adversely impact the mortgagor's continued ability to support the modified mortgage payment.

Question 3: Can a mortgagee include late charges in the Loan Modification?

Answer: Mortgagee Letter 2008-21 states that accrued late charges should be waived by the mortgagee at the time of the Loan Modification.

Question 4: When utilizing a Loan Modification option, can a mortgagee capitalize an escrow advance for Homeowner's Association fees?

Answer: HUD Handbook 4330.1 REV-5, Paragraph 2-1, Section B, Escrow Obligations states: Mortgagees must also escrow funds for those items which, if not paid, would create liens on the property positioned ahead of the FHA-insured mortgage.

Question 5: Is there a new basis interest rate which mortgagees may assess when completing a Loan Modification?

Answer: Yes, Mortgagee Letter 2008-21 states that the new basis interest rate is 200 points above the monthly average yield on U.S. Treasury Securities, adjusted to a constant maturity of 10 years.

Question 6: Will HUD subordinate a Partial Claim, should a mortgagor subsequently default and qualify for a Loan Modification?

Answer: If a mortgagor subsequently defaults and qualifies for a Loan Modification, HUD will subordinate the Partial Claim.

Question 7: Are mortgagees required to perform an escrow analysis when completing a Loan Modification?

Answer: Yes, mortgagees are to perform a retroactive escrow analysis at the time the Loan Modification to ensure that the delinquent payments being capitalized reflect the actual escrow requirements required for those months capitalized.

Question 8: Is the mortgagor eligible for the upfront premium refund at payoff of a modified loan?

Answer: It depends upon when the closing date occurred. For assets closed:

After July 1, 1991 but before January 1, 2001, the 7-year unearned premium refund schedule shown in Mortgagee Letter 1994-1 remains in effect, on or after January 1, 2001 that are subsequently refinanced, the 5-year refund schedule shown in the attachment of Mortgagee Letter 2000-46 applies, or on or after December 8, 2004, refunds of upfront MIP are eliminated except, when the mortgagor refinances to another FHA insured mortgage. The refund schedule attached to Mortgagee Letter 2005-03 has been modified to a 3-year period.

Question 9: Can a mortgagee qualify an asset for the Loan Modification option when the mortgagor is unemployed, the spouse is employed, but the spouse name is not on the mortgage?

Answer: Based upon this scenario, the mortgagee should conduct a financial review of the household income and expenses to determine if surplus income is sufficient to meet the new modified mortgage payment, but insufficient to pay back the arrearage. Once this process has been completed the mortgagee should then consult with their legal counsel to determine if the asset is eligible for a Loan Modification since the spouse is not on the original mortgage.

Tuesday, December 30, 2008

How do I obtain information regarding rules and regulations that govern VA loan under writers?

Also information on appeals, disputes and complaint claim forms.

 

Good questions, well, I would call the regional VA office for your area. Lenders have a lot of leeway when it comes to interpreting VA guidelines they can also put overlay over the rules.  For example VA itself does not have credit score requirements but all the investors do so in order to sell a VA loan on the secondary market additional restrictions are put in place.

 

I guess my big question to you is why did they deny you a loan?

Depending on that reason it may just come down to repackaging it in a more positive light.

 

Visit www.EquityVALoan.com for more info.

 

 

 

 

 

 

 

 

 

Sunday, December 28, 2008

2009 VA County Loan Limits for High-Cost Counties

The Department of Veterans Affairs’ Loan Guaranty program does not impose a maximum amount that an eligible veteran may borrow using a VA-guaranteed loan. However, the following county “limits” must be used to calculate VA’s maximum guaranty amount for a particular county. These limits apply to all loans closed January 1, 2009 through December 31, 2009. 2010 county loan limits will be made available as soon as possible.

The maximum guaranty amount (available for loans over $144,000) is 25 percent of the 2009 VA Limit shown below. Therefore, a veteran with full entitlement available may borrow up to the 2009 VA Limit shown below and VA will guarantee 25 percent of the loan amount. If a veteran has previously used entitlement that has not been restored, the maximum guaranty amount available to that veteran must be reduced accordingly. Lenders should check their own investor requirements regarding guaranty amounts and down payments. Questions about VA loans in a particular county may be directed to the VA Regional Loan Center (RLC) listed for that county.