Improving your credit
So what can you do if you’ve got bad credit? The first thing you should consider is making sure your credit reports are accurate and that you’re not being penalized for bad information. You’re entitled to receive a free copy of your credit report from each of the three major credit reporting agencies each year. Use the official web site, www.annualcreditreport.com , established by the three agencies to get your scores from Transunion, Experian and Equifax and check them for errors. You can also order your actual credit scores, but will have to pay a fee for that.
Don’t bother with so-called “credit repair” services which promise to boost your credit score in return for a fee. There’s nothing they can do for you legally to improve your score other than check your report for errors, the same as you can do, and some of these services have been known to suggest measures that can get you in trouble with the law – such as obtaining a new social security number.
Waiting for better scores
The best strategy for dealing with a bad credit score may be to try to improve your credit rating and apply for a mortgage at a later date. Generally, the impact of most negative items on your credit report begins to diminish after about two years, so if you can maintain a good payment record on your other debts over that time, your credit should show significant improvement over a year or two.
Of course, a foreclosure stays on your credit for seven years and a bankruptcy for 10, but even here, the major negative impacts begin to diminish after a few years, and you may be able to qualify for a mortgage again within three years of such an event.
Waiting means you won’t be able to take advantage of the ultra-low rates currently available, but you may find that by waiting for your score to improve, the rates you’ll be able to get with good credit in two-three years may be better than what you can qualify for today, even in the current low-rate environment.
If you need a mortgage now
If waiting isn’t an option – you need to refinance or buy a home right now – there are some options to consider. One is to get a co-signer, usually a close relative, to help you qualify. But bear in mind that in the event you default, the co-signer will be liable for the full value of the mortgage, so you only want to use this approach with someone you have a solid and trustworthy relationship with, and only if you are certain you will be able to meet your obligations.
Another possibility for couples, when only one partner has poor credit, is to seek a mortgage or refinance solely in the name of the partner with good credit. However, this means you won’t be able to list both persons’ income and assets on the mortgage application – just those of the partner who’s actually applying for the loan, which can seriously limit how much you can borrow.
Don’t assume that you have to borrow right now just because interest rates and home prices are very low right now. Whatever approach you take – borrowing now or working to improve your credit – should depend on careful assessment of what makes the most sense for you over the long term.
Friday, March 5, 2010
Getting a Mortgage with Bad Credit
Qualifying for a mortgage loan or refinance with bad credit is a lot harder than it used to be. Given that widespread defaults on subprime mortgages triggered the financial meltdown of 2008, lenders have become much more cautious about who they’ll extend credit to.
That doesn’t mean it’s impossible to get a home loan with poor credit, but the minimum standards are higher. Also, you’ll likely find it a lot more costly to get a mortgage or refinance with less-than-perfect credit.
So what’s the bottom line? Your best bet for qualifying for a home loan – either a purchase or mortgage refinance – with bad credit is either the FHA or the VA if you’re a military veteran. Both officially will accept loans with FICO credit scores as low as 580, although individual lenders may require a minimum or at least 620.
The FHA and VA don’t actually write mortgages – they insure mortgages that meet their standards that are issued by qualified lenders. So it’s up to the lenders themselves to decide what credit scores they’ll accept, and at what terms.
Consider brokers, small lenders
Some smaller lenders may be willing to accept a lower credit score than the major banks will, particularly community banks or credit unions. If you have poor credit, it’s more important than ever to shop around and compare different lenders. You’ll likely not only find a difference in their willingness to lend, but also significant variety in the terms they’re willing to offer. A mortgage broker can also be a smart choice when you have bad credit, as they're in the business of sifting through multiple lenders to find one that meets your needs, although you will pay a premium for this service.
One thing you won’t be able to escape is that getting a mortgage with poor credit is going to be costly. According to the Fair Isaac Co., which invented the FICO scoring system, a borrower with a score in the 620-639 range can currently expect to pay an interest rate about 1.6 percentage points higher on a 30-year loan than someone with near-perfect credit of 760 or above – about 6.3 percent instead of 4.7 percent for the “ideal” borrower. That works out to about an additional $100 a month for each $100,000 of your mortgage – not cheap.
That doesn’t mean it’s impossible to get a home loan with poor credit, but the minimum standards are higher. Also, you’ll likely find it a lot more costly to get a mortgage or refinance with less-than-perfect credit.
So what’s the bottom line? Your best bet for qualifying for a home loan – either a purchase or mortgage refinance – with bad credit is either the FHA or the VA if you’re a military veteran. Both officially will accept loans with FICO credit scores as low as 580, although individual lenders may require a minimum or at least 620.
The FHA and VA don’t actually write mortgages – they insure mortgages that meet their standards that are issued by qualified lenders. So it’s up to the lenders themselves to decide what credit scores they’ll accept, and at what terms.
Consider brokers, small lenders
Some smaller lenders may be willing to accept a lower credit score than the major banks will, particularly community banks or credit unions. If you have poor credit, it’s more important than ever to shop around and compare different lenders. You’ll likely not only find a difference in their willingness to lend, but also significant variety in the terms they’re willing to offer. A mortgage broker can also be a smart choice when you have bad credit, as they're in the business of sifting through multiple lenders to find one that meets your needs, although you will pay a premium for this service.
One thing you won’t be able to escape is that getting a mortgage with poor credit is going to be costly. According to the Fair Isaac Co., which invented the FICO scoring system, a borrower with a score in the 620-639 range can currently expect to pay an interest rate about 1.6 percentage points higher on a 30-year loan than someone with near-perfect credit of 760 or above – about 6.3 percent instead of 4.7 percent for the “ideal” borrower. That works out to about an additional $100 a month for each $100,000 of your mortgage – not cheap.
Chapter 7 Bankruptcy and Foreclosure
Chapter 7 can eliminate second liens after foreclosure
For a homeowner who has decided to go ahead and surrender their home through foreclosure, Ebert said a Chapter 7 may be useful for extinguishing potential claims by secondary lienholders, such as in the case of a home equity loan or second mortgage, who might otherwise seek repayment by laying claim to other assets held by the homeowner. Some states allow this, others do not - this is one of the areas where a bankruptcy attorney licensed to practice in your state can be helpful.
It should be noted that a bankruptcy does not provide relief from all debts - unpaid taxes, child support, alimony and loans obtained through fraud, among certain other debts, cannot be extinguished by bankruptcy.
Impacts on credit
Finally, there are the impacts on ones credit rating to consider. As mentioned above, a bankruptcy remains on your credit rating for 10 years, a foreclosure for only seven. However, many mortgage lenders may prefer to write a mortgage for someone with a bankruptcy on their record rather than a foreclosure.
Furthermore, many lenders will actively seek out persons who have recently filed for bankruptcy - Ebert said it's not uncommon for persons to receive credit card offers during the process itself. The bottom line is, credit can still be available after a bankruptcy - but it's going to be much more expensive than before. Bankruptcy and its impacts on your personal and financial life can be very complicated. That's why it's important to talk with a qualified bankruptcy attorney and preferably, a personal financial advisor as well to sort out the pros and cons before taking such a major step.
For a homeowner who has decided to go ahead and surrender their home through foreclosure, Ebert said a Chapter 7 may be useful for extinguishing potential claims by secondary lienholders, such as in the case of a home equity loan or second mortgage, who might otherwise seek repayment by laying claim to other assets held by the homeowner. Some states allow this, others do not - this is one of the areas where a bankruptcy attorney licensed to practice in your state can be helpful.
It should be noted that a bankruptcy does not provide relief from all debts - unpaid taxes, child support, alimony and loans obtained through fraud, among certain other debts, cannot be extinguished by bankruptcy.
Impacts on credit
Finally, there are the impacts on ones credit rating to consider. As mentioned above, a bankruptcy remains on your credit rating for 10 years, a foreclosure for only seven. However, many mortgage lenders may prefer to write a mortgage for someone with a bankruptcy on their record rather than a foreclosure.
Furthermore, many lenders will actively seek out persons who have recently filed for bankruptcy - Ebert said it's not uncommon for persons to receive credit card offers during the process itself. The bottom line is, credit can still be available after a bankruptcy - but it's going to be much more expensive than before. Bankruptcy and its impacts on your personal and financial life can be very complicated. That's why it's important to talk with a qualified bankruptcy attorney and preferably, a personal financial advisor as well to sort out the pros and cons before taking such a major step.
Avoiding Foreclosure Through Bankruptcy
Avoiding foreclosure through Chapter 13 bankruptcy
David Ebert, a bankruptcy attorney and partner with Ebert Law Office PC in Hurst, Texas, sid that most homeowners who resort to bankruptcy to avoid a foreclosure will file a Chapter 13 bankruptcy. A Chapter 13 doesn't actually wipe out the debt, serves to temporarily shield debtors from their creditors until a court-ordered repayment schedule can be worked out.
"It's intended for somebody who had a loss of income or a short-term decline in income," Ebert explained.
Once a Chapter 13 filing occurs, all debt collection efforts are halted for several months during what is called a forbearance period, during which a court will work out terms for repaying the debt. Usually, the court will set up a schedule over three to five years over which the debtor will repay the arrears, or debt owed.
Need to be able to maintain payment schedule
For a Chapter 13 to successfully avert a foreclosure, a homeowner must be able to pay off the arrearage while at the same time resuming his or her original mortgage payments - which can be a hefty financial burden. Otherwise, the property will soon fall back into foreclosure.
Ebert said it may be possible in some cases to work out a loan modification as part of the bankruptcy, thereby reducing the ongoing mortgage payments so the homeowner can more readily handle the burden of paying both the mortgage and arrears.
Another type of consumer bankruptcy is a Chapter 7, which Ebert said is rarely useful in avoiding a foreclosure or loss of other secured property. That's because while a Chapter 7 can wipe out unsecured debts, secured debts are tied to a specific asset - such as a mortgage secured by a home - which reverts to the creditor in a Chapter 7.
David Ebert, a bankruptcy attorney and partner with Ebert Law Office PC in Hurst, Texas, sid that most homeowners who resort to bankruptcy to avoid a foreclosure will file a Chapter 13 bankruptcy. A Chapter 13 doesn't actually wipe out the debt, serves to temporarily shield debtors from their creditors until a court-ordered repayment schedule can be worked out.
"It's intended for somebody who had a loss of income or a short-term decline in income," Ebert explained.
Once a Chapter 13 filing occurs, all debt collection efforts are halted for several months during what is called a forbearance period, during which a court will work out terms for repaying the debt. Usually, the court will set up a schedule over three to five years over which the debtor will repay the arrears, or debt owed.
Need to be able to maintain payment schedule
For a Chapter 13 to successfully avert a foreclosure, a homeowner must be able to pay off the arrearage while at the same time resuming his or her original mortgage payments - which can be a hefty financial burden. Otherwise, the property will soon fall back into foreclosure.
Ebert said it may be possible in some cases to work out a loan modification as part of the bankruptcy, thereby reducing the ongoing mortgage payments so the homeowner can more readily handle the burden of paying both the mortgage and arrears.
Another type of consumer bankruptcy is a Chapter 7, which Ebert said is rarely useful in avoiding a foreclosure or loss of other secured property. That's because while a Chapter 7 can wipe out unsecured debts, secured debts are tied to a specific asset - such as a mortgage secured by a home - which reverts to the creditor in a Chapter 7.
Bankruptcy and Foreclosure
So you're in default on your mortgage. You've several months behind on your payments. You've tried and failed to get a loan modification and work out a repayment schedule, and foreclosure is looming. Should you consider declaring bankruptcy?
In terms of avoiding foreclosure, declaring bankruptcy might be considered the nuclear option. It has the power to wipe out many of a borrower's debts while holding other creditors at bay. It can enable a borrower to hold onto important assets such as a home or car, while working out a repayment schedule to get caught up on payments for them.
But a bankruptcy is generally considered a last-ditch option for dealing with overwhelming debt. For one thing, you may have to give up many of your current assets, such as savings and certain investments, in the process. A bankruptcy also has a long-term impact on your credit rating, remaining on your credit report for 10 years - a foreclosure, on the other hand, only remains on your record for seven. However, there are circumstances when it might make sense to declare bankruptcy in order to hold on to a home in which you're emotionally and financially invested.
First of all, you're going to want to talk to an attorney if you're seriously considering filing for bankruptcy. A certified nonprofit debt or housing counselor (who you should have already been working with in your efforts to obtain a loan modification) can help you work out some of your options beforehand and help you determine if bankruptcy is something you want to explore, but you'll need an attorney to explain all the considerations involved in your personal situation and help you decide if you wish to proceed.
In terms of avoiding foreclosure, declaring bankruptcy might be considered the nuclear option. It has the power to wipe out many of a borrower's debts while holding other creditors at bay. It can enable a borrower to hold onto important assets such as a home or car, while working out a repayment schedule to get caught up on payments for them.
But a bankruptcy is generally considered a last-ditch option for dealing with overwhelming debt. For one thing, you may have to give up many of your current assets, such as savings and certain investments, in the process. A bankruptcy also has a long-term impact on your credit rating, remaining on your credit report for 10 years - a foreclosure, on the other hand, only remains on your record for seven. However, there are circumstances when it might make sense to declare bankruptcy in order to hold on to a home in which you're emotionally and financially invested.
First of all, you're going to want to talk to an attorney if you're seriously considering filing for bankruptcy. A certified nonprofit debt or housing counselor (who you should have already been working with in your efforts to obtain a loan modification) can help you work out some of your options beforehand and help you determine if bankruptcy is something you want to explore, but you'll need an attorney to explain all the considerations involved in your personal situation and help you decide if you wish to proceed.
More on Good Faith Estimates
Loan worksheets lack protections
An “informal worksheet” spelling out those same terms does not commit the lender to honor them. And in some cases, a lender may have legitimate reasons for offering a worksheet instead of an actual GFE.
For example, a lender may prepare such a worksheet for someone who is inquiring about a loan but has not identified the property they wish to buy or the amount they will need to borrow. Both are needed to complete the GFE, so the lender may complete a outlining preliminary terms based on certain assumptions about the property.
In fact, the lender isn’t obligated to provide a GFE until you actually apply for the loan. And to do that, six pieces of information are required. the borrower’s name, monthly income, social security number (needed to obtain a credit report), the address of the property to be purchased/refinanced, the estimated property value and the loan amount.
Once these six items have been provided, the borrower is considered to have applied for the mortgage and the lender is obligated to provide a good faith estimate within three days.
Some lenders have been reported to use worksheets that closely resemble a GFE but have different titles or state “this is not a Good Faith Estimate” in tiny, obscure lettering. Make sure the form you receive is the actual GFE issues by the U.S. Department of Housing and Urban Development. Lenders may not substitute a worksheet for a GFE, nor can they refuse to offer a GFE to an applicant who
Certain terms allowed to vary
Also, be aware there are certain changes that are allowed under the GFE – third party fees can vary by up to 10 percent, as these are not under the control of the lender, and the GFE may spell out options you can select that may change your lender fees and interest rate, such as paying points to obtain a lower interest rate.
Some lenders have criticized the new GFI for not allowing them to spell out in detail the fees they charge and what they’re for, claiming that information is needed to fully compare loan offers. However, the GFE does spell out what your total costs will be – and you can always ask your lender to spell them out in greater detail as well. Just make sure that you’re provided GFE as well.
An “informal worksheet” spelling out those same terms does not commit the lender to honor them. And in some cases, a lender may have legitimate reasons for offering a worksheet instead of an actual GFE.
For example, a lender may prepare such a worksheet for someone who is inquiring about a loan but has not identified the property they wish to buy or the amount they will need to borrow. Both are needed to complete the GFE, so the lender may complete a outlining preliminary terms based on certain assumptions about the property.
In fact, the lender isn’t obligated to provide a GFE until you actually apply for the loan. And to do that, six pieces of information are required. the borrower’s name, monthly income, social security number (needed to obtain a credit report), the address of the property to be purchased/refinanced, the estimated property value and the loan amount.
Once these six items have been provided, the borrower is considered to have applied for the mortgage and the lender is obligated to provide a good faith estimate within three days.
Some lenders have been reported to use worksheets that closely resemble a GFE but have different titles or state “this is not a Good Faith Estimate” in tiny, obscure lettering. Make sure the form you receive is the actual GFE issues by the U.S. Department of Housing and Urban Development. Lenders may not substitute a worksheet for a GFE, nor can they refuse to offer a GFE to an applicant who
Certain terms allowed to vary
Also, be aware there are certain changes that are allowed under the GFE – third party fees can vary by up to 10 percent, as these are not under the control of the lender, and the GFE may spell out options you can select that may change your lender fees and interest rate, such as paying points to obtain a lower interest rate.
Some lenders have criticized the new GFI for not allowing them to spell out in detail the fees they charge and what they’re for, claiming that information is needed to fully compare loan offers. However, the GFE does spell out what your total costs will be – and you can always ask your lender to spell them out in greater detail as well. Just make sure that you’re provided GFE as well.
Not all Mortgages are in Good Faith!
The new Good Faith Estimate (GFE) form is supposed to make it easier for borrowers to shop around for a mortgage by clearly spelling out what a lender will charge in fees and interest. However, you can still end up paying more than you expect if you’re not careful.
In fact, what you think is a GFE may not be a GFE at all. In some cases, lenders have been reported to offer potential borrowers informal worksheets that resemble a GFE, but are not legally binding and have terms that can be significantly altered before closing.
Here’s how it works: when you apply for a mortgage, the lender is required to provide you with a GFE within three days. The GFE spells out the terms the lender is offering, including the interest rate, any fees charged by the lender and fees charged by third parties for settlement costs, such as closing services and title insurance.
The lender is required to honor those terms if the borrower accepts them within a certain period of time spelled out in the GFE. What the new GFI, which went into use Jan. 1, does is consolidate what had been lots of different charges into clearly identifiable categories – lender fees, interest rates, third-party fees – to make it easier to compare loan terms offered by different lenders.
GFE does not commit you to one lender
A lender cannot demand a loan commitment from a borrower in return for a GFE; the purpose of the GFE is to enable the borrower to compare terms offered by different lenders.
A few important things to note about the GFE. The interest rate offered on the GFE may only be good for a matter of hours; the offer is not fixed until you lock it in for a specific period of time, say 30 or 45 days. You’ll need to pay to do this.
In fact, what you think is a GFE may not be a GFE at all. In some cases, lenders have been reported to offer potential borrowers informal worksheets that resemble a GFE, but are not legally binding and have terms that can be significantly altered before closing.
Here’s how it works: when you apply for a mortgage, the lender is required to provide you with a GFE within three days. The GFE spells out the terms the lender is offering, including the interest rate, any fees charged by the lender and fees charged by third parties for settlement costs, such as closing services and title insurance.
The lender is required to honor those terms if the borrower accepts them within a certain period of time spelled out in the GFE. What the new GFI, which went into use Jan. 1, does is consolidate what had been lots of different charges into clearly identifiable categories – lender fees, interest rates, third-party fees – to make it easier to compare loan terms offered by different lenders.
GFE does not commit you to one lender
A lender cannot demand a loan commitment from a borrower in return for a GFE; the purpose of the GFE is to enable the borrower to compare terms offered by different lenders.
A few important things to note about the GFE. The interest rate offered on the GFE may only be good for a matter of hours; the offer is not fixed until you lock it in for a specific period of time, say 30 or 45 days. You’ll need to pay to do this.
Subscribe to:
Posts (Atom)
