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    FINANCING A HOME PURCHASE

    Q. How do I finance the purchase of a home?
    A.
    Few people have enough cash to buy a home outright--most need to finance their purchase by borrowing money. Usually, this is done by contracting with a financial institution such as a bank or savings and loan. The buyer agrees to pay interest on the money borrowed and the lender retains a lien (mortgage) on the property. In some cases, buyers are able to obtain seller financing in which the buyer pays interest to the seller and the seller retains a lien on the property. In other cases, a buyer is able to assume the seller's mortgage. That is, the buyer pays the difference between what is owed on the mortgage and the purchase price and takes over the seller's payments on the mortgage. (Note that this can occur only if provisions in the mortgage state specifically that it is assumable. Most mortgages written today include a due-on-sale clause that prohibits assumption of a mortgage.) In the event that a buyer can assume the seller's mortgage, the seller should remember that he or she remains liable to pay the mortgage unless the seller's lender specifically and in writing releases the seller from this obligation.
    Today, a wide variety of financing mechanisms exist to finance a purchase. Some buyers
    may qualify for federally insured loans that permit smaller-than-normal down payments and lower interest rates than prevailing market rates.

    Q. How do lenders determine the interest rate?
    A.
    Interest rates for home loans are determined by the overall market in interest rates. Short-term rates, such as those paid on a six-month certificate of deposit, are usually the lowest. The highest rates are usually paid on unsecured loans, such as credit-card debt.
    Home loan rates are very interest-sensitive; that is, when rates are declining, they are
    usually the last to be lowered, but when rates are rising, they are among the first to go up. This is because most home loans are made at a fixed rate over a fairly long term fifteen to thirty years during which time interest rates may increase substantially. Thus, lenders attempt to protect themselves from making too many long-term loans at low rates by taking a go-slow approach to reducing interest rates.
    Interest rates for home loans fell dramatically from the highs of the early 1980s through
    most of the 90s. These lower rates have made home buying much more affordable. These rates can and will rise very quickly, however, if the prevailing trend changes and other interest rates begin to escalate. Present mortgage rates are easy to find on the Internet.
    Anyone interested in an adjustable-rate mortgage, in which the interest rate changes during
    the life of the mortgage, should be aware that rates could climb rapidly and significantly increase
    the amount of the mortgage payments.

    Q. Does it pay to shop around for an interest rate?
    A.
    Yes. Lenders are very competitive. Interest rates and fees charged to originate a loan vary
    among financial institutions. Typically, lenders charge the prospective buyer a fee to obtain a loan- -this may be a flat fee or a percentage of the loan (one point is 1 percent of the loan amount).
    One lender might offer an 8 percent, thirty-year fixed-rate loan with a flat fee of two
    hundred dollars. A second lender might offer a 7 percent, thirty-year fixed-rate loan with two
    points. A third lender might offer the loan without points or other fees but at a higher interest rate.
    This could be advantageous for a buyer who wants to put as much as possible into his or her down payment. Another buyer might prefer to pay higher points in exchange for a lower interest rate because the IRS allows points to be deducted against taxable income in the year the home is purchased.

    Shopping for Interest Rates
    You can and should shop for rates. As noted earlier, a 1- percent change in the interest rate on a $100,000 thirty-year fixed-rate loan could mean a seventy-five dollar difference in each monthly loan payment. The market is competitive. Lending institutions often will offer lower-than-market rates to attract borrowers.
    There are several ways to shop for home loans. By far the easiest way to do this today is via
    the Internet, which is awash in interest rate information and mortgage brokers that will compete with each other to get you the best deal. Most websites related to mortgages also feature useful mortgage and home finance calculators. Search for "mortgage" and the name of the state where you are planning to buy for the first cut of these websites.
    In addition, many metropolitan newspapers carry a weekly listing or sampling of rates
    offered in their areas. Rates can change very rapidly, which might mean that these listings may not be up to the minute. However, they can give you a good general idea of the market. In addition, several reporting services offer details on a variety of loan types and interest rates available from area institutions. Prices of these services range from ten to thirty dollars. Therefore, you may want to use a reporting service only when you are ready to apply for a loan. You also can call a real estate mortgage broker for information.

    Q. What is a land contract?
    A.
    A land contract is a common form of seller financing. The buyer pays the seller a down
    payment and agrees to make payments of interest and principal on the outstanding balance. In
    other words, the seller acts as a lending institution. Typically, the buyer takes possession of the
    property, but the seller retains the right to sue to recover the property if the buyer fails to fulfill his or her contractual obligations. As a general rule, legal title is not transferred to the buyer until all payments are made. Evidence of title, such as a warranty deed, usually is placed with a third
    person who holds the document until payment is completed, at which time he or she delivers it to the buyer, who should make sure that it is recorded in the proper local records office, for example, the recorder's office or county clerk's office. Once again, because a contract is involved, attorneys for both parties should be consulted to review its terms. Finally, since title is not transferred until full payment has been made, the contract should be recorded by the buyer with the recorder's or county clerk's office so that his or her interest in the property is protected until payment is made in full.

    Q. I want to buy another home, but I haven't sold my present home yet. Is there a way to finance until I can sell?
    A.
    Many lenders offer a bridge loan to allow a buyer to buy another home while waiting to sell his or her present home. You can obtain a bridge loan if you have a contract to sell your present home and you need the loan only for a specific, relatively short, period of time.
    It is much more difficult to obtain a bridge loan if you do not have a buyer for your home
    and, thus, need to pay loans on two properties. Bridge loans usually carry a higher interest than a traditional home loan.

    Q. What is a fixed-rate loan?
    A.
    Most prospective buyers prefer a fixed-rate loan because the interest rate cannot be increased during the term of the loan, typically 15, 20, or 30 years. Under a fixed-rate loan, buyers can feel more comfortable knowing the exact amount of their monthly loan payments throughout the life of the loan.
    Although the interest rate does not change, the way in which the payment is divided
    changes over the loan period. At the beginning, most of the payment is applied to the interest owed to the lender. As the loan progresses, more money is applied to the principal, the face amount of the loan. This also means that the amount of interest deductible for a federal income tax purposes will decline over the life of the loan.
    The major difference between a fifteen-or twenty-year fixed-rate loan, on the one hand, and
    a thirty-year fixed-rate loan, on the other, is that the borrower will pay higher monthly payments
    on the shorter term loans than would be the case with a thirty-year loan for the same amount of
    money. Over the life of the loan, however, the buyer pays far less interest, because he or she is
    using the money for a shorter period of time.

    Q. What is an adjustable-rate loan?
    A.
    Adjustable-rate loans vary, but they all share one common factor--some aspect of the terms of the loan can be changed by the lender during the life of the loan. The specific type of adjustable mortgage is tied to whether the change is in the rate of interest, amount of payment, or length of time for repayment.
    If you are considering applying for any type of adjustable-rate loan, make sure you
    understand exactly how the mortgage works, including the spread between the interest rate and the index to which the rate is tied; how often the loan can be adjusted; the maximum allowable
    increase (or decrease) each year as well as over the life of the loan.
    Adjustable-rate loans include:
    • Adjustable-rate mortgages (ARMs). These loans typically offer a lower-than-market interest
    rate in the first year. The future interest rate, usually adjusted annually, is tied to an index that
    may move up or down but is not under the control of the lender. The index might be the oneyear
    Treasury bill (the T-bill rate) or some other rate that reflects the changes in interest rates.
    Note that the rate is tied to the index it is not the same as the index. The mortgage might
    specify, for example, that the future rate would be two points above the average T-bill rate.
    Typically, ARMs are adjusted once a year on the anniversary date of the loan. Additionally,
    ARMs usually have a provision for a cap, that is, the highest rate that could be charged. Some
    may include a minimum rate as well.
    • Convertible ARMs. These loans usually offer a conversion factor that allows the borrower to
    convert to a fixed-rate loan at a specified period of time. For example, a convertible ARM
    could allow the borrower the option to convert to a fixed-rate loan once a year over the first
    five years of the loan. The interest rate to be paid would also be tied to an index.
    • Renegotiable-rate mortgage (rollover). These loans typically set the interest rate and monthly
    payments for several years and then allow both the rate and principal payments to be changed
    depending on general market conditions. If the new terms are unacceptable to you, you can pay
    the loan in full or refinance at prevailing interest rates.
    • Graduated payment mortgage (GPM). With this type of loan, typically sought by young buyers
    who expect their incomes to rise, the payments are low in the first couple of years and
    gradually set to rise for five to ten years.
    • Shared-appreciation mortgage. These loans offer lower-than-market rates of interest and low
    payments in exchange for a lender's share in appreciation of the property. Usually, the lender
    will require that its share of equity will be turned over when the home is sold or at a specified
    date set out in the loan agreement.

    Q. What is a balloon loan?
    A.
    With a balloon loan, the buyer is expected to pay off the loan completely within a short period of time, usually in three, five, or seven years. In other words, this is a short-term loan. The interest rate can be fixed or variable, but in all cases the unpaid balance on the principal is due at the time specified. The borrower must either refinance or sell the home to pay off the loan.
    To attract buyers, builders often offer balloon loans during periods of high-interest rates
    when home sales are sluggish. In most cases, the interest rate will be lower than prevailing home loan rates. However, if interest rates are high when full payment is due, refinancing may not be possible. The balloon will "burst," resulting in foreclosure and loss of the home.

    Q. How do FHA and VA loans work?
    A.
    The Federal Housing Administration (FHA) offers insured low-interest loans made by the
    federal government and approved lending institutions. The cost for this loan insurance varies and is charged at the closing. While FHA loans are not available through all lenders, in some areas they are very popular and can make the difference in obtaining a loan for some potential buyers who do not qualify for conventional financing. The Veterans Administration (VA) offers
    government-insured loans to qualified veterans.
    Income qualifications, required down payments, and the maximum allowable loans under
    these plans are changed periodically. Currently, the maximum FHA loan is about $220,000 in
    certain high-priced areas of the country.
    For first-time home buyers, the federal government as well as state governments offer loan
    assistance to prospective buyers who meet eligibility requirements. For current information about
    these loan programs, consult local FHA and VA offices as well as your real estate agent.

    Q. What are jumbo loans?
    A.
    Jumbo loans exceed the amount of loans allowed by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Association (Freddie Mac), the federal agencies that oversee the secondary market in mortgage loans. The maximum mortgage amount for Fannie Mae and Freddie Mac can go up or down and presently stands at $203,150.
    Fannie Mae and Freddie Mac are not loan guarantors, they are purchasers from primary
    lenders. Fannie Mae and Freddie Mac purchase loans from lenders and then resell the loans to
    other organizations such as insurance companies and banks. On the other hand, FHA and VA are loan guarantors. Many FHA and VA loans are purchased by Fannie Mae and Freddie Mac.
    Interest rates on jumbo loans typically are slightly higher than other loans, but this isn't always the case. Lenders who intend to keep the mortgage in their portfolio tend to offer competitive interest rates.

    Q. What is negative amortization?
    A.
    In a typical home loan, the borrower pays off the interest and principal in installments. This is
    known as amortization because the debt is gradually reduced.
    Negative amortization can occur when the installment payments do not cover all the
    interest due each month. This unpaid interest is added on to the principal that is owed, resulting in a debt that increases, rather than decreases.
    The worst problem with negative amortization occurs in a market in which home values
    decrease. Then the size of your debt could increase to the point where it would exceed the equity in your home. Sadly, you could sell your home and not be able to repay what you owe.
    Most professionals advise buyers to avoid a negatively amortized loan. The risks outweigh
    the benefits of the lower payments. It may be better to postpone buying a home until you can make higher payments or investigate a lower-cost loan from the FHA or VA.


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    TITLE: Legal Services at Legal Services Online Shopping Mall

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