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Monday, February 28, 2011

HVCC Changes Residential Mortgages

HVCC Changes Residential Mortgages

The Home Valuation Code of Conduct (HVCC) adds an extra element of risk for the consumer when buying a new home or refinancing their existing mortgage. The code requires the random selection of appraisers by appraisal management companies set up individually by the chosen lender. Homeowners, who were often accustomed to using a “preferred” appraiser during much of the last decade, no longer have this option. First implemented for most loans as of May 1st, 2009, HVCC has since expanded to include all FHA & conventional loans bought by Fannie Mae or Freddie Mac. The goal of the Code was to prohibit borrowers or mortgage originators from selecting appraisers which was believed to create a conflict of interest and thus reduce the quality of the appraisal. While the idea was noble in theory, it has substantial ramifications for the homeowner and the greater mortgage industry as a whole.

Homeowners have faced longer wait times, reduced quality of appraisals, as well as increased costs. Appraisal management companies (AMCs) have added an extra middle man to the process of loan origination. When banks sign up with relatively few management firms, it allows such companies to increase prices for the appraisal to pay for office staff and management while facing less competition. Such appraisal costs increases have been passed onto the homeowner and have been up to 33% higher than prior to HVCC. In addition local appraisers were forced to sign up to staff such companies, resulting in substantially reduced income due to reduced payouts by management companies to the appraiser. As a result of all of these changes, management companies will select appraisers far from the local market of the homeowner requiring the appraisal. Appraisers, trying to increase profits are taking on more jobs. Appraisal quality, speed of completion, and accuracy of appraised value have lagged. Homeowner’s have a difficult time disputing the inaccuracies in the reports, even after several rounds of quality control that are supposed to be part of the appraisal process. In addition, many have reported poor service with the AMC’s, delays with return calls, and a lot of added confusion from informal third party communication with the client. Most importantly, homeowners who spent up to $500 on an appraisal in an effort to obtain financing are often out luck when the completed appraisal makes them ineligible for a loan.  

HVCC was intended to provide a more accurate picture of the value of a home for the benefit of the homeowner and the investor who buys the loan. While it is true there were cases of aggressive mortgage lending creating undue pressure on the appraisal process, HVCC by itself has done little to curb such practices. The unethical and often illegal behavior of the few originators, homeowners, and realtors engaging in such activity created undue problems for those involved in the mortgage process. Those engaging in wrongdoing will only find new and innovative ways to stay ahead of any new regulations, including ways to get around HVCC itself. Reform in the mortgage industry is a necessary and vital need for its future. However HVCC has turned out to be another poorly planned and executed regulation by politicians who are often more focused on their political futures than the actual issue at hand.

Friday, February 18, 2011

Trigger Leads

As if refinancing wasn’t difficult enough, homeowner’s now have more to worry about when applying for a loan. There are lenders and brokers that are immediately notified as soon as anyone does a mortgage credit report that's needed when taking an application to refinance. Almost immediately after the application, borrowers are often bombarded by phone calls and mail from other lenders. Brokers and lenders have the ability to buy "Trigger Leads". A trigger lead is generated by Experian, Trans Union and Equifax when a residential mortgage credit report is pulled. They are selling the information within hours so that others can solicit you for your refinance business. The information sold does not include your Social Security Number. It does, however, include your scores and your basic mortgage profile. They also include your phone number. It’s called purchasing “trigger leads” and guess what? 

It’s perfectly legal!

What’s the problem with home owner’s having brokers and lenders contact them to compete for their refinance business? Well, for one – it’s one of the leading causes of identity theft in the United States. Fortunately, today there is an option to opt-out. The consumer credit reporting industry has provided a way to “opt out” and remove your name from these lists. You can contact them by phone a 1-888-567-8688 or online.

Some have reported calls or mail that claims to need additional information as they work on processing your loan file. This is not legitimate, always remember to verify with your loan officer prior to giving any information to somebody to "process" your loan. Be sure to opt out right away before you fall victim to these deceptive practices. You can choose a five year or lifetime option, and the lifetime option will require a signed form. Make sure to report those violations to your states attorney general- the fines are rather hefty. If you don’t opt out now, be on the lookout for suspicious phone calls or mailers from someone who has purchased your data offering terms that are too good to be true – there is always a catch. Don’t wait until your data is stolen – protect yourself from trigger leads today!

Thursday, February 10, 2011

HOME AFFORDABLE REFINANCE PROGRAM

Today there is a government-backed stimulus program, called Home Affordable Refinance Program (HARP), part of the Making Home Affordable program that allows those with declining home values qualify for today’s low rates. This is not to be confused with the Home Affordable Modification Program (HAMP) that has recently gotten some negative press (there will be more information on during a future blog over the next few weeks). The need for this program is tremendous. Many home owners are finding out that refinancing at today’s record low rates may be unobtainable. Several years of double digit housing price declines have caused them to become ineligible because they lack equity in their homes. While this would not have necessarily been an issue three to five years ago when clients could qualify for loans that had the best rates with less than 20% equity, today it is impossible. Many of the mortgage insurance companies that would have insured the lender against loss due to low homeowner equity positions are now out of business. Furthermore, the second mortgage lenders who used to provide a subordinate loan to help ease the equity issue for homeowners have been hit with record losses resulting in the products becoming unavailable.
This program will often allow homeowners to refinance their Fannie Mae or Freddie Mac owned homes, even if the home is not owner-occupied. Many home owners’ facing declining values have been unable to qualify due to their home’s depreciating value. As a result, those individuals have been unable to take advantage of today’s record low rates. While there are still restrictions, the first step for home owner’s told they were ineligible to refinance must first research whether Fannie Mae or Freddie Mac government agency currently owns their mortgage. Many unfortunately assume the owner of the mortgage is the same as the servicer, that’s the reason you need to check for yourself!
Some highlights:
  • You are not currently paying mortgage insurance (MI/PMI) as part of your existing 1st mortgage loan payment. If you are in this situation and are lucky enough to be eligible for Freddie Mac’s program, you may be okay.
  • If you have an existing second mortgage, your home equity lender will have to agree to subordinate to the new first mortgage terms.
  • No additional cash may be received at closing for debt consolidation, home improvement, etc.
While the Making Home Affordable Programs are not going to meet everyone’s needs, they are a start. With no end in sight to the continued price decline in many markets plus the unpredictability of the appraisal process through the Home Valuation Code of Conduct (****The HVCC will be covered in detail in February!), this program is the only coarse of action for many looking to save money on their mortgage. This program is currently scheduled to end by mid-year 2011 so don’t wait. With a divided Congress, there an extension of this program is unlikely.