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Jack M. Guttentag The Mortgage Professor

Jack M. Guttentag, The Mortgage Professor

Some Answers to Frequently Asked Mortgage Questions

by Jack M. Guttentag

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Posted on Wednesday, June 4, 2008, 12:00AM

Below are answers to some of the most common questions I am asked by readers.

Does mortgage insurance protect me if I'm disabled or lose my job?

No, mortgage insurance protects the lender against loss in the event that you default. You pay the premium, but the lender receives the protection.

The sole benefit to you is that, with mortgage insurance, lenders are willing to make loans with down payments smaller than 20 percent of the purchase price or appraised value. I should add that a few mortgage insurers have experimented with programs that provide the kind of protection to borrowers that you are asking about, but they have never caught on.

What is the best type of loan to take if I know I will be paying it off within two years?

When your time horizon is very short, you want to minimize your upfront cost. The best way to do this is with a no-cost three-year or five-year adjustable-rate mortgage (ARM).

A no-cost loan is one with an interest rate high enough to command a rebate from the lender (negative points) that will cover your settlement costs. Avoid interest-only or option ARMs because these minimize your payments rather than your upfront cost.

How can I know whether a mortgage broker or loan officer is a predator?

You can't; there is no directory of predatory loan providers. Checking the Better Business Bureau or the state licensing agency is usually a waste of time, because very few misdeeds are reported and predators change their names and locations.

But this question is only posed by borrowers who have allowed themselves to be solicited, which is a big mistake. Select your loan provider, don't be selected. If you were a wild-mushroom fancier who lived in the woods, which are full of mushrooms, and a mushroom knocked on your door and said "eat me", you wouldn't, because it might be poisonous. What the mushroom fancier does is choose from among those he knows are safe, ignoring the rest. You should select a loan provider that way.

If I refinance two years after purchase, why do I need a new title insurance policy?

You don't, but the lender will probably require a policy that protects him against the risk that some liens might have been placed on your property during the two years since the policy was written. Title insurance policies are backward looking; they cover incidents prior to the date of the policy. Anything that happens after that date is not covered.

If only a few years have elapsed since the previous policy, however, you are entitled to a discount, because the insurer doesn't have to do a lot of work to bring the policy up to date. Be sure you ask for the discount; if you don't, you may not get it.

Am I in trouble because I borrowed as an occupant, then changed my mind and rented the property?

Lying on your application is a fraud, but everyone is entitled to change their mind. If you occupy the house for a while and then rent it, you are probably in the clear. If you never occupy it, appearances are against you, but if you make all your payments on time, nobody is going to care, and the chances are that nothing will happen. If you never occupy the property and become a chronic delinquent, a flag goes up opposite your name, an investigation could reveal your transgression, and an action might be taken against you.

What is the major risk in buying a home under a lease-purchase contract?

The option to purchase a house under a lease-purchase contract is contingent on the buyer paying the agreed-upon rent every month. If the buyer doesn't pay, the seller doesn't have to sell. But the devil is in the details.

A contract that allows the seller to back out if the buyer is late only once, by a single day, is clearly unfair. The buyer should read the contract carefully to make sure that this provision is not unreasonably onerous.

What should I do if the lender mistakenly raises my tax escrow payment?

Pay it, and then make your own calculation of what the escrow should be and submit a "Qualified Written Request" under the Real Estate Settlement Procedures Act to get your money back. 

The worst thing you can do is refuse to pay, because the lender will place your insufficient payment in a suspense account, which means you are delinquent and on your way to having your credit ruined.

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39 Comments

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  • bgroya - Monday, June 16, 2008, 1:16PM ET  Report Abuse

    • Overall: 1/5

    i guess "the prof" was desperate for something to write about... the information in this article is primarily usuelss and / or too general. I've originated mortgage loans for over 10 years (not "written about" loans but actually originated them first hand with real people, making real decisions). Anyone true professional in the mortgage industry knows that it is purely foolish to pass out "blanket advice" on the feasibility of an ARM. Each individual situation leaves FAR more too much to consider. The liklienss of early payoff, the equity position, loan size, the local market, and the increase in interest in lieu of a "no cost" loan are just a few of the highly individual factors that go into prudently making this decision. The "caveman logic" of "if you THINK you can payoff in 2 years, do a short term ARM" is almost insulting to the public. The (alleged) professor should stick to journalism. Trying to put "broad stroke advice" on very individual aspects of mortgage lending is part of the reason for the current debacle in our country. Mortgage lending is NOT as simple as buying a car. You're not doing anyone a favor with this article. People assume this is safe advice because it's from a "non interested 3rd party" but this is the type of nonsense that leads to people making poor decisions about thier finances. Mr guttentag has written some poignant articles in the past but this is terribly misguiding. For the record the other subjects are borderline irrelevant and almost never come up in real situations. This is just desperate and awful.

  • jim - Sunday, June 15, 2008, 1:22PM ET  Report Abuse

    • Overall: 1/5

    I knew more then this guy on my 3rd day on the job as a mortgage broker...

  • Yahoo! Finance User - Sunday, June 15, 2008, 11:38AM ET  Report Abuse

    • Overall: 2/5

    Why oh why do we not just get back to the basics? Loans are loans, that means money you pay to make someone else a hefty gain. If you aren't upside down in both vehicles, you have no credit card debt, a hefty 3 to 6 months of emergency funds in a savings account; by all means start paying extra on your home loan. Just send it in with your regular payment and watch the 'true' equity grow by leaps and bounds! These loans aren't doing you any favors on your taxes as most assume. You can't make the same kind of return in any stretch of the imagination by writing off your interest on a home loan when compared to seeing your loan principle rise dramatically and your interest go down the same. This is where you'll see the actual savings. The write off scenario is a farce that we have all been led to believe when in fact the extra payment, as many as you can make each year, is the true savings by years and years of interest you are no longer responsible for. Now get at it, pay off or get rid of those expensive vehicles, get your credit cards under control by paying them off each month so no interest is accrued; pay yourself first in a 401K; put 3 to 6 months of emergency money away and start paying off your home loan with monthly additional payments. You'll truly be surprised how the financial worries just plain go away! Now go for it!

  • Yahoo! Finance User - Sunday, June 15, 2008, 10:37AM ET  Report Abuse

    • Overall: 4/5

    Great advice. Funny seeing someone go bonkers over what he/she terms as the Professor being "in bed with the big banks." I bet you are a lender aren't you?LMAO

  • Yahoo! Finance User - Saturday, June 14, 2008, 8:26PM ET  Report Abuse

    • Overall: 5/5

    Well, it's true, ARMs can go down. I couldn't believe it either. My ARM with (now) Wells Fargo went down from 4.5% to 4.27% beginning July for the next year. S.

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