| March 14, 2000 |
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Peter G. Miller
Probably few subjects in real estate raise more questions or generate more confusion than the matter of private mortgage insurance, or PMI.
PMI is important because nobody -- including you, me, and virtually every lender who finances homes -- wants to make high-risk loans. To avoid excess risk, lenders are willing to finance homes with 20 percent down. Why? Because if a buyer defaults and a home must be sold at foreclosure it's still likely that the lender's money will be completely recovered if the buyer paid 20 percent up-front.
But not everyone has 20 percent to put down. If lenders had an iron-clad rule that only purchasers with 20-percent down could buy, we would be a nation of renters and both real estate demand and home values would be greatly reduced.
The solution is to allow buyers to purchase with less down, and one way to do that is to make a trade: less cash up front in exchange for a guarantee to lenders from a strong third party.
This is the concept behind VA and FHA financing where borrowers can purchase with little or nothing down: If there's a default the government will compensate the lender for much or all of the loss.
But while the VA mortgage program is excellent, not everyone has the service experience necessary to participate. And while the FHA program has historically helped many entry-level buyers, in recent years the program has been beset by high insurance costs, excessive appraisal requirements, and loan size limitations.
So what's a would-be borrower to do?
One choice is to save for a 20 percent down payment. Saving such a large chunk of money can take years, meanwhile if home prices rise so will the number of dollars required to put down 20 percent. (Of course, home prices can also fall, a matter which should comfort no one.)
An alternative works like this: buy now, buy with what you have, and use PMI instead of a hefty down payment.
PMI is a common borrower choice, according to Jeff Lubar, director of communications for the Mortgage Insurance Companies of America (MICA). In 1998, says Lubar, nearly 1.5 million borrowers used PMI, approximately 1.1 million financed with FHA loans, and 385,000 bought through the VA program.
There are various PMI plans and they typically work like this:
There are costs for PMI coverage (hey, it's insurance), typically monthly premiums based on the amount of outstanding debt. For cost details and payment options, speak with brokers and lenders.
So far we've seen that with 20 percent down you don't need PMI. But what happens if you buy will little down and the value of your property increases so that you now have 20 percent equity? Should not PMI coverage end?
Assuming full and timely payments, the logical and obvious answer is yes.
Which brings us to the HomeOwners Protection Act of 1998 (HPA), legislation that covers mortgages originated after July 29, 1999 for the purchase, initial construction, or refinancing of a borrower's one-family principal residence. It provides that if the borrower has a good payment history, then once the original debt has been reduced to 78 percent of the original purchase price must be canceled.
The rules also allow borrowers to request PMI cancellation after they have reduced their loans 20 percent. However, in addition the guidelines also permit lenders to retain PMI coverage for 15 years in the case of so-called "high risk" loans.
The HPA requires lenders to notify borrowers about their cancellation rights. In addition, the MICA site has cancellation information online.
If you look at the HPA standards you can see that they exclude mortgages made before July 29, 1999 -- tens of millions of loans. The standards also do not apply to FHA loans, mortgages which require insurance payments throughout the entire loan term -- a policy that may explain why FHA has a cumulative surplus of $16 billion.
The new rules relate the cancellation of PMI to a reduction of the original loan amount -- not the difference between the current loan balance and the property's present value. This means if you borrow $100,000 at 8 percent interest over 30 years, you'll pay $733.76 a month for principal and interest. The loan balance will not dip below $78,000 until 14 years and six months later. By then, most likely, you will have sold or refinanced the home.
Is there any reason lenders cannot adopt standards which are more liberal and reasonable than the federal guidelines? No. And the good news is that many loans allow for early PMI cancellation.
As examples, Fannie Mae and Freddie Mac buy loans from local lenders. Their rules establish standard practices for lenders nationwide, and when it comes to canceling PMI both have adopted guidelines which are well within the realm of reason.
Fannie Mae and Freddie Mac say this: If you have a loan they own, if you have a good payment history, if the loan-to-value ratio of your home is not greater than 80 percent, and if you ask, then there is a good case to cancel PMI coverage.
Let's look at these standards individually.
The effect of the Fannie Mae and Freddie Mac rules is this: Whether your equity comes from a down payment when you first buy or from equity accumulated over a period of years shouldn't matter -- 20 percent is still 20 percent, and if you have 20 percent equity and good credit you shouldn't have to pay PMI fees.
Follow-Up
Last week I wrote about HUD's claims, published on the front page of The Washington Post, that Fannie Mae and Freddie Mac allegedly have discriminatory lending policies. The Post has now published a rebuttal from Fannie Mae Chairman Franklin Raines that ought to be read.
"The Post," writes Raines, "cited HUD data that is too unreliable to support the assertion that Fannie Mae fails to lead the market in lending to African Americans, let alone that it 'hurts' them. For instance, in 1998 the borrowers of 426,000 loans we purchased identified themselves as members of minority groups. But another 250,000 borrowers chose not to reveal their race. So the actual number of African Americans we served could have been significantly different from the number The Post cites with such assurance.
"Worse than the shaky statistics is the lack of any proof of causation. Fannie Mae does not originate loans, lenders do. And lenders may choose not to sell us the loans, preferring instead to keep them in their own portfolios or sell them to Wall Street. Moreover, some loans do not carry mortgage insurance, which we must require as a matter of federal law."
The latest edition of The Common-Sense Mortgage -- in its second printing since September -- is now available in bookstores online and off. In print for nearly 15 years and widely recognized as the standard consumer guide to real estate financing, it's described by syndicated columnist Robert Bruss as "an encyclopedic, detailed summary of just about everything real-estate investors, agents, lenders and borrowers want and need to know about mortgages."
"On my scale of one to 10," says Bruss, "this superb book rates a 10."
"This continues to be the most, lucid, comprehensive treatment of the subject on the market," says The Real Estate Professional. "If you want solid, reliable information about residential real estate financing, written in a thoughtful, convincing style, this is your source."
For additional information, press here.
Q Is there somewhere on the Internet where I can download a land contract form?
A I guess that there must be such a form online, but whether it's there or not is a secondary issue.
Is the form you download current? Is it appropriate in your state and your community -- or is it void or voidable? Does it favor the buyer? The seller?
Does it say what happens to your equity if a payment is late? If you make improvements and cannot buy, are you compensated? Are you getting any tax write-offs? If the place burns down, who gets the insurance for repairs? Is your arrangement recorded in the public records? Etc.
Forms are useful to study and consider, but you would be vastly better off by speaking with a broker or attorney, as appropriate, before signing a document that may not meet your needs or protect your interests.
Every so often it's good to remind folks of PamBytes.com. This site offers free buttons, banners, borders, and backgrounds -- really good stuff and an easy-to-use format.
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