Cash / Mattress Money is a Deal Killer

- Cash / Mattress Money is a Deal Killer-

AHEAD OF THE CURVE ARTICLE BELOW

Below is a list of my top programs that should be in every agents resource
folder:

-FHA closed on time: [http://www.realestateloans.com/fhadonewell.pdf]
[http://www.realestateloans.com/fhadonewell.pdf]
www.realestateloans.com/fhadonewell.pdf

-100% Rural Development: [http://www.realestateloans.com/usda.pdf]
[http://www.realestateloans.com/usda.pdf] www.realestateloans.com/usda.pdf

-$100 down for HUD owned homes:
[http://www.realestateloans.com/100hudhome.pdf]
[http://www.realestateloans.com/100hudhome.pdf]
www.realestateloans.com/100hudhome.pdf

-Deferred maintenance homes:
[http://www.realestateloans.com/uglyhomes.pdf]
[http://www.realestateloans.com/uglyhomes.pdf]
www.realestateloans.com/uglyhomes.pdf

-100% pre-approval to closing ratio:
[http://www.realestateloans.com/concierge.pdf]
[http://www.realestateloans.com/concierge.pdf]
www.realestateloans.com/concierge.pdf

-VA 100% financing:  [http://www.realestateloans.com/va.pdf]
www.realestateloans.com/va.pdf

-Home Buyer job protection mortgage:
[http://www.realestateloans.com/rainydays.pdf]
www.realestateloans.com/rainydays.pdf

CASH IS KILLING DEALS:

I recently had a borrower call me and state she deposited $6000 into her
bank account from an unsecured loan. Without telling the Realtor or myself
she used this money for the contract deposit. Some form of outside monies
has been interjected into four of the last ten deals I've done and the
borrowers did it after reading
[http://gilkerk.realestateloans.com/condominiums/2009/05/07/i-need-to-make-a-home-loan-application-help.html]
my home purchase introduction link which clearly states that cash and large
deposits should be avoided.

Why isn't cash allowed into a transaction? It's the borrowers money right?
Several obvious reasons: Patriot Act/Banking Laws, Drug Money, Cash
Laundering, Straw Buyer considerations, Under the Table Seller Concessions,
Realtor or Loan Office contribution, Unsecured/unreported loan, Gift from
an unacceptable source, etc..

Loan officers and Realtors should never allow or encourage customers to
deposit or use cash for ANY part of the transaction nor turn a blind eye if
they know a client is borrowing money from credit cards or personal loans.
This type of mistake will certainly cause problems and create needless
tension. Now more than ever, loan files are being looked at with a fine
tooth comb. More and more careful verifications are being done a day before
closing- be prepared and don't let your deal die for dumb reasons.

Remember, FHA case numbers follow these loans. If one underwriter declines
a loan, the disposition will follow that loan. Realtors and Loan Officers
must work closely to prevent problems from day one.

Please call me at (847) 873-7295 to discuss nuances. Here to help you get
homes financed.

Is your loan officer less responsive than you'd like? Cut yourself free
from bad service, poor communication and start enjoying incredible support
today.

Could your team use an updated presentation to get agents up-to-speed on
loan program changes? Lending is a huge part of transactional business,
consider  scheduling my lunch and learn for your team.

Gil Kerbashian

Mortgage Lending Since 1997

Gil's Loan Answer Hotline: (847) 873-7295

FANNIE MAE'S NEW DEBT TO INCOME RATIO'S

Ahead of the Curve
For Active Real Estate Marketing Professionals...
Fannie Mae has implemented the new debt to income ratio for borrowers in conventional loans: Starting December 1st or thereabouts for most lenders, conventional loan total debt to income ratio's have been brought down to 45%. Up to this point the average TDTI has averaged in the low 50's.
NOW: 45% is the guideline for borrowers that put down 20% or more. For conventional loans with less than 20% down the ratio is restricted to 41%. Please see my above article on debt to income ratios for clarification of what a DTI is.
Why is this change important to real estate professionals? You have pending offers, pre-approvals and deals in the pipeline that currently have ratios above 45%. These deal may have problems closing. Take a moment to inquire about these offers or pre-approvals and make sure the home buyers will be able to close.
Please call me at (847) 873-7295 to discuss nuances. Here to help you get homes financed. 

The Story of Preditory Lending

America's Economic Collapse


Predatory Lending: A Decade of Warnings as Congress and the Fed Fiddled

May 25th 2009
Politics - Capitol Building at night

A little more than a decade ago, William Brennan foresaw the financial collapse of 2008.  As director of the Home Defense Program at the Atlanta Legal Aid Society, he watched as subprime lenders earned enormous profits making mortgages to people who clearly couldn’t afford them.

The loans were bad for borrowers — Brennan knew that. He also knew the loans were bad for the Wall Street investors buying up these shaky mortgages by the thousands. And he spoke up about his fears. “I think this house of cards may tumble some day, and it will mean great losses for the investors who own stock in those companies,” he told members of the Senate Special Committee on Aging in 1998.

It turns out that Brennan didn’t know how right he was. Not only did those loans bankrupt investors, they nearly took down the entire global banking system.

Washington was warned as long as a decade ago by bank regulators, consumer advocates, and a handful of lawmakers that these high-cost loans represented a systemic risk to the economy, yet Congress, the White House, and the Federal Reserve all dithered while the subprime disaster spread. Long forgotten

Congressional hearings and oversight reports, as well as interviews with former officials, reveal a troubling history of missed opportunities, thwarted regulations, and lack of oversight.
What’s more, most of the lending practices that led to the disaster are still entirely legal.

Growth of an Industry

Congress paved the way for the creation of the subprime lending industry in the 1980s with two obscure but significant banking laws, both sponsored by Fernand St. Germain, a fourteen-term Democratic representative from Rhode Island. Some 2.26 million people may lose their homes to foreclosure in the next two years due to subprime lending, says a recent report by the Pew Charitable Trusts.

The Depository Institutions Deregulation and Monetary Control Act of 1980 was enthusiastically endorsed by then-President Jimmy Carter. The act, passed in a time of high inflation and declining savings, made significant changes to the financial system and included a clause effectively barring states from limiting mortgage interest rates. As the subprime lending industry took off 20 years later, the act allowed lenders to charge 20, 40, even 60 percent interest on mortgages.

The other key piece of legislation was the Alternative Mortgage Transaction Parity Act, passed in 1982. The act made it possible for lenders to offer exotic mortgages, rather than the plain-vanilla 30-year, fixed-rate loan that had been offered for decades.

With the passage of the Parity Act, a slew of new mortgage products was born: adjustable-rate mortgages, mortgages with balloon payments, interest-only mortgages, and so-called option-ARM loans. In the midst of a severe recession, these new financial products were seen as innovative ways to get loans to borrowers who might not qualify for a traditional mortgage. Two decades later, in a time of free-flowing credit, the alternative mortgages became all too common.

The Parity Act also allowed federal regulators at the Office of Thrift Supervision and the Office of the Comptroller of the Currency to set guidelines for the lenders they regulate, preempting state banking laws. In the late 1990s, lenders began using the law to circumvent state bans on mortgage prepayment penalties and other consumer protections.

In the late 1980s and early 1990s, subprime loans were a relatively small portion of the overall lending market. Subprime loans carry higher interest rates and fees, and were supposed to be for people whose bad credit scores prevented them from getting a standard — or prime — loan. Consumer advocates at the time were mostly concerned about reports of predatory practices, with borrowers getting gouged by high rates and onerous fees. Congress responded in 1994 with passage of the Home Ownership and Equity Protection Act, or HOEPA.

The act, written by former Representative Joseph P. Kennedy, a Democrat from Massachusetts, created restrictions on “high-cost” loans, which were defined as having an interest rate that was more than 10 percentage points above rates for comparable Treasury securities. If points and fees totaled more than 8 percent of the loan amount, or $400, whichever was higher, the loan was also considered high cost.

High-cost loans were still legal, but contained some restrictions. Prepayment penalties and balloon payments before five years were banned or restricted. Also prohibited was negative amortization, a loan structure in which the principal actually grows over the course of the mortgage, because the monthly payments are less than the interest owed. But the bill did not include a ban on credit insurance — an expensive and often unnecessary insurance product packed into loans, creating substantial up-front costs. Nor did it ban loan flipping, in which a borrower’s loan is refinanced over and over again, stripping equity through closing costs and fees.

At the time of HOEPA’s passage, the subprime lending industry had two main elements: small, regional lenders and finance companies. The regional lenders specialized in refinancing loans, charging interest rates between 18 and 24 percent, said Kathleen Keest, a former assistant attorney general in Iowa who is now an attorney with the Center for Responsible Lending, a fair lending advocacy organization. HOEPA sought to eliminate the abusive practices of the regional lenders without limiting the lending of the finance companies — companies like Household, Beneficial, and the Associates — viewed then as the legitimate face of subprime, Keest said.

HOEPA did largely succeed in eliminating the regional lenders. But the law didn’t stop subprime lending’s rapid growth. From 1994 to 2005, the market ballooned from $35 billion to $665 billion, according to a 2006 report from the Center for Responsible Lending, using industry data. In 1998, the CRL report said, subprime mortgages were 10 percent of all mortgages. By 2006, they made up 23 percent of the market.

The loans themselves also changed during the 2000s. Adjustable-rate mortgages, which generally begin at a low fixed introductory rate and then climb to a much higher variable rate, gained market share. And over time, the underwriting criteria changed, with lenders at times making loans based solely on the borrower’s “stated income” — what the borrower said he earned. A 2007 report from Credit Suisse found that roughly 50 percent of all subprime borrowers in 2005 and 2006 — the peak of the market — provided little or no documentation of their income.

As the subprime lending industry grew, and accounts of abusive practices mounted, advocates, borrowers, lawyers, and even some lenders clamored for a legislative or regulatory response to what was emerging as a crisis. Local legal services workers saw early on that high-cost loans were creating problems for their clients, leading to waves of foreclosures in cities like Brooklyn, Philadelphia, and Atlanta.

Wall Street Changes Dynamic

Subprime loans weren’t designed to fail. But the lenders didn’t care whether they failed or not.
Unlike traditional mortgage lenders, who make their money as borrowers repay the loan, many subprime lenders made their money up front, thanks to closing costs and brokers fees that could total over $10,000. If the borrower defaulted on the loan down the line, the lender had already made thousands of dollars on the deal.

And increasingly, lenders were selling their loans to Wall Street, so they wouldn’t be left holding the deed in the event of a foreclosure. In a financial version of hot potato, they could make bad loans and just pass them along,

In 1998, the amount of subprime loans reached $150 billion, up from $20 billion just five years earlier. Wall Street had become a major player, issuing $83 billion in securities backed by subprime mortgages in 1998, up from $11 billion in 1994, according to the Department of Housing and Urban Development. By 2006, more than $1 trillion in subprime loans had been made, with $814 billion in securities issued.

Among those sounding an early alarm was Jodie Bernstein, director of the Bureau of Consumer Protection at the Federal Trade Commission from 1995 to 2001. She remembers being particularly concerned about Wall Street’s role, thinking “this is outrageous, that they’re bundling these things up and then nobody has any responsibility for them. They’re just passing them on.”

The FTC knew there were widespread problems in the subprime lending arena and had taken several high-profile enforcement actions against abusive lenders, resulting in multi-million dollar settlements. But the agency had no jurisdiction over banks or the secondary market. “I was quite outspoken about it, but I didn’t have a lot of clout,” Bernstein recalled.

Speaking before the Senate Special Committee on Aging in 1998, Bernstein noted with unease the big profits and rapid growth of the secondary mortgage market. She was asked whether the securitization and sale of subprime loans was facilitating abusive, unaffordable lending. Bernstein replied that the high profits on mortgage backed securities were leading Wall Street to tolerate questionable lending practices.
Asked what she would do if she were senator for a day and could pass any law, Bernstein said that she would make players in the secondary market — the Wall Street firms bundling and selling the subprime loans, and the investors who bought them — responsible for the predatory practices of the original lenders. That didn’t happen.

Instead, over the next six or seven years, demand from Wall Street fueled a rapid decline in underwriting standards, according to Keest of the Center for Responsible Lending. Once the credit-worthy borrowers were tapped out, she said, lenders began making loans with little or no documentation of borrowers’ income.

“If you’ve got your choice between a good loan and a bad loan, you’re going to make the good loan,” Keest said. “But if you’ve got your choice between a bad loan and no loan, you’re going to make the bad loan.”

If the loan was bad, it didn’t matter — the loans were being passed along to Wall Street, and at any rate, the securitization process spread the risk around. Or so investors thought.

Signs of a Bigger Problem

Even as subprime lending took off, the trend in Congress was to approach any issues with the new mortgages as simple fraud rather than a larger risk to the banking industry.

“In the late 1990s, the problem was looked at exclusively in the context of borrower or consumer fraud, not systemic danger,” recalls former Representative Jim Leach, a Republican from Iowa. Leach served as chair of the House Banking and Financial Services Committee from 1995 through 2000.

Some on Capitol Hill tried to address the problems in the subprime market. In 1998, Democratic Senator **** Durbin of Illinois tried to strengthen protections for borrowers with high cost loans. Durbin introduced an amendment to a major consumer bankruptcy bill that would have kept lenders who violated HOEPA from collecting on mortgage loans to bankrupt borrowers.

The amendment survived until House and Senate Republicans met to hammer out the final version of the legislation, under the leadership of Senator Charles Grassley, the Iowa Republican who was the principal Senate sponsor of the bankruptcy bill. The predatory lending clause, along with other consumer protections, disappeared. (Staffers for Sen. Grassley at the time say they don’t remember the amendment.) Faced with opposition from Durbin as well as President Clinton, the new version of the bill was never brought to a vote.

More calls for action surfaced in 1999, when the General Accounting Office (now the Government Accountability Office) issued a report calling on the Federal Reserve to step up its fair lending oversight. Consumer groups, meanwhile, were raising concerns that mortgage companies owned by mainstream banks — so-called non-bank mortgage subsidiaries — were making abusive subprime loans, but these subsidiaries were not subject to oversight by the Federal Reserve. In fact, the Federal Reserve in 1998 had formally adopted a policy of not conducting compliance examinations of non-bank subsidiaries. The GAO report recommended that the Federal Reserve reverse course and monitor the subsidiaries’ lending activity.

The Fed disagreed, saying that since mortgage companies not affiliated with banks were not subject to examinations by the Federal Reserve, examinations of subsidiaries would “raise questions about ‘evenhandedness.’” According to GAO, the Federal Reserve Board of Governors also said that “routine examinations of the nonbank subsidiaries would be costly.”

In 2000, Congress revisited the subprime issue. Again, the concern was more about predatory lending practices than systemic risk. But, as in 1998, there were warnings about larger problems.

Ellen Seidman, director of the Office of Thrift Supervision, testified that predatory lending was an issue of serious concern to the OTS in part because it raised major safety and soundness concerns for banks. Seidman, speaking before the House Banking and Financial Services Committee in May 2000, said investors needed more education about mortgage-backed securities, because “predatory loans are not good business, not simply because they are unethical, but because they can damage reputations and hurt stock prices.”

Cathy Lesser Mansfield, a law professor at Drake University, presented the House committee with specific and alarming data on the interest rates and foreclosure rates of subprime loans nationwide. “Probably the scariest data for me personally,” Mansfield testified, “was a single pool foreclosure rate.” Mansfield had looked at the foreclosure rate for one pool of loans that had been bundled and sold on Wall Street. About a year and a half after the pool was created, almost 28 percent of the loans were in delinquency or foreclosure, she said.

“That means in that single pool, if that is symbolic for the industry, that means there might be a one in four chance of a borrower losing their home to a lender,” she told the committee.

Representative Ken Bentsen, a Democrat from Texas, found the high default rates worrying, particularly because the nation was enjoying a healthy economy. “I think you could argue that, assuming we have not repealed the business cycle and there is a downturn at some point,” he said, “you could experience even astronomical default rates… That would spill over into other sectors of the economy, both in deflating the real estate market, as well as impact the safety and soundness of the banking system.”

Unimpressed Regulators

While acknowledging the safety and soundness concerns, banking regulators expressed only lukewarm support for new legislation to bar predatory practices. They suggested, instead, that the problem could be addressed through stepped up enforcement of existing laws and industry self-regulation.
Representatives from the lending industry said they were troubled by reports of predatory practices. But they, too, opposed new legislation, arguing that new laws would cut off credit to impoverished communities. The abuses were the actions of a few “bad actors,” said Neill Fendly, speaking on behalf of the National Association of Mortgage Brokers at the 2000 House hearing.

Still, concern was substantial enough to prompt the introduction of new legislation in early 2000 — not one, but two competing bills, from Representatives John LaFalce, a Democrat from New York, and Robert Ney, a Republican from Ohio. LaFalce’s bill proposed to fill in what he called “gaps in HOEPA.” It would have lowered the interest rate and fee thresholds for HOEPA protections to kick in, and restricted loan flipping and equity stripping. The bill would also have barred lenders from making loans without regard for the borrower’s ability to repay the debt.

Ney — who years later would plead guilty to conspiracy charges in connection with the Jack Abramoff lobbying scandal and spend 17 months in federal prison — pushed a “narrowly crafted” solution to problems in the subprime lending market, calling abusive mortgage lending practices “rare.” Ney’s bill would have provided some restrictions on subprime lending by strengthening some of the thresholds under HOEPA, but would have also taken away the power of individual states to enact tougher restrictions.
While the chances of Democratic-backed, pro-consumer legislation passing in the Republican Congress seemed slim, forces from the mortgage banking and brokerage industries were taking no chances, ramping up their political contributions to federal candidates and national parties. After having given $4.2 million in contributions in the 1998 election cycle, industry contributions doubled for the 2000 campaign to more than $8.4 million, according to data from the Center for Responsive Politics. Those contributions would balloon to $12.6 million in 2002. A coalition of subprime lenders sprang into action to fight LaFalce’s bill and other attempts to impose tough restrictions.

The tougher LaFalce proposal had the support of Leach, the powerful Republican chairman of the House banking committee. But even with Leach’s approval, the bill went nowhere in a Congress run by conservative Republicans. Increased regulation, recalled Bentsen, “was against what they [the Republican House leadership] believed in.”

With that political reality as backdrop, neither LaFalce’s bill nor any other lending reform proposal came up for a vote in committee.

While chairman of the Senate Banking Committee, former Democratic Senator Paul Sarbanes of Maryland introduced a bill to curb abusive high-cost lending, but the measure never received a committee vote. Two years later, Democrat Paul Sarbanes of Maryland, then chairman of the Senate Committee on Banking, Housing, and Urban Affairs, introduced another bill to curb abusive high-cost lending. The bill failed to attract a single Republican co-sponsor, and, like the LaFalce bill, never saw a committee vote. Wright Andrews, a leading lobbyist for the subprime industry, said that the LaFalce and Sarbanes proposals in this period were “never really in play.” The bills were introduced, but no one was seriously pushing for them, he explained. “The industry could and would have blocked [those proposals], but we didn’t really have to.”

States Act — And Get Shut Down

In the absence of new federal legislation, efforts to combat predatory lending were moving at the state level. North Carolina had passed the first state law targeting predatory loans in 1999, and consumer advocates were pushing state laws from Massachusetts to California. The North Carolina law barred three common provisions of predatory loans: loan flipping, prepayment penalties, and the financing of up front, “single-premium” credit insurance. In essence, the law sought to eliminate incentives for making unaffordable loans. With lenders unable to strip equity through high up-front charges, and unable to churn loans through flipping, they would have to make money the old-fashioned way, through borrowers’ monthly payments.

Two men working at the state level were in attendance at the 2000 House hearing: Andrew Celli, with the New York state Attorney General’s office, and Thomas Curry, the Massachusetts banking commissioner.

The state officials told the House committee that they were forced to push consumer protection in their states because the federal regulators were not doing enough to protect borrowers, and HOEPA was ineffective. The threshold for high cost loans to trigger HOEPA’s protections was an interest rate 10 percent above comparable Treasury securities. But “as important as this prohibition is, its powers in real world relevance are diminishing,” Celli said. Lenders were evading HOEPA, and the consumer protections it afforded, by making loans just under the law’s definition of a high-cost loan.

In response, many state laws set the trigger lower, at five percent, affording consumer protections to a broader swath of borrowers. But the efforts at the state level soon came to naught. The wave of anti-predatory lending laws was preempted by federal banking regulators, particularly by the Office of Thrift Supervision and the Office of the Comptroller of the Currency. OCC and OTS had effectively told the institutions they regulated that they did not, in fact, have to comply with state banking laws, thanks to the agencies’ interpretations of the Parity Act. The federal preemption of the state laws meant hard-won consumer protections were largely moot.

With state regulation stymied and federal regulation lax, the boom in subprime mortgages continued. And so did the warnings.

In 2001, Congress heard yet again about the potentially devastating impact of subprime lending, at a hearing before the Senate Banking Committee. In Philadelphia, subprime loans were devastating entire communities, Irv Ackelsberg, an attorney with Community Legal Services, told the committee. “I believe that predatory lending is the housing finance equivalent of the crack cocaine crisis. It is poison sucking the life out of our communities. And it is hard to fight because people are making so much money.”
In July 2001, Congress was again warned about the risks of the subprime mortgage market, this time in a hearing before the Senate Banking Committee. Click to watch the full hearing on CSPAN. “There is a veritable gold rush going on in our neighborhoods and the gold that is being mined is home equity,” Ackelsberg added.

And like William Brennan and Jodie Bernstein in 1998, and Cathy Mansfield, Ellen Seidman, and Ken Bentsen in 2000, Ackelsberg warned that bad subprime loans could hurt not just homeowners, but the broader economy. The ultimate consumers of the high-cost loans, he told the committee, were not individual borrowers, taking out loans they couldn’t pay back. “The ultimate consumer is my retirement fund, your retirement fund,” he said.

The Laissez-Faire Fed

Congressional inaction didn’t have to leave borrowers unprotected, say experts. The Federal Reserve could have moved at any time to rein in subprime lending through the Home Ownership and Equity Protection Act. Under the original 1994 law, the Federal Reserve was given the authority to change HOEPA’s interest rate and fees that would trigger action under the act, as well as to prohibit certain specific acts or practices. “Clearly, the Fed should have done something on the HOEPA regs,” said Seidman, the former OTS director. “I think there is little doubt.”

The Fed’s reluctance to change the law, Seidman said, reflected the philosophy of the Federal Reserve Chairman, Alan Greenspan, who “was adamant that additional consumer regulation was something he had absolutely no interest in.” Jodie Bernstein, who had tackled abusive lenders at the Federal Trade Commission, agreed. Greenspan, she said, was “a ‘market’s going to take care of it all’ kind of guy.”
Consumer advocates had pushed for lower HOEPA triggers since the law’s passage, hoping to include more loans under the law’s protections. But one problem with changing the law was that no one seemed to agree on how well it was working. In 2000, the Federal Reserve acknowledged that it did not even know how many home-equity loans were covered by HOEPA — the main federal law preventing abuses in high-cost lending.

Three government agencies said that the law was protecting staggeringly few borrowers. A joint report from the departments of Treasury and Housing and Urban Development, released in June 2000, found that during a sample six-month period in 1999, less than one percent of subprime loans had an interest rate exceeding the HOEPA trigger. The Office of Thrift Supervision estimated that based on interest rates, the law was capturing approximately one percent of subprime loans.

The American Financial Services Association, a lenders’ trade association, had very different numbers. George Wallace, the general counsel of AFSA, told the Senate in 2001 that according to an AFSA study, HOEPA was capturing 12.4 percent of first mortgages and 49.6 percent of second mortgages.
After a series of national hearings on predatory lending, the Fed made modest changes to HOEPA’s interest rate trigger in 2001. The late Ed Gramlich, a governor on the Federal Reserve Board and early critic of the subprime industry, said that in setting the new triggers the Board was “heavily influenced” by survey data provided by the lending industry — data showing that a significant percentage of mortgages were in fact just below the triggers.

The 2001 changes to HOEPA set the threshold for what constituted a high-cost first mortgage loan at 8 percent above comparable Treasury securities, down from 10 percent, but for second mortgages it was left unchanged. The Fed also added credit insurance to the law’s definitions of points and fees, meaning that lenders could no longer pack expensive insurance into loans and still evade HOEPA’s triggers.
For the first time, lenders making a high-cost loan had to document a borrower’s ability to repay the loan. The Fed also barred high-cost lenders from refinancing mortgages they made within a year.

But Margot Saunders, of the National Consumer Law Center, said the 2001 changes had little impact. Lenders simply undercut the law’s new, lower triggers, she said, continuing to make loans at just below the thresholds. Advocates said another provision, designed to stop loan flipping, also did little, because lenders could simply flip borrowers into a new loan on the 366th day, or a new lender could flip the loan at any time.

William Brennan, who is still at the Atlanta Legal Aid Society, said the Fed’s failure to act more forcefully on HOEPA was a key missed opportunity. “That bill had potential to put a stop to all this,” he said. “That one bill in my opinion would have stopped this subprime mortgage meltdown crisis.”

Before Congress last year, former Federal Reserve Chairman Alan Greenspan admitted he was in “a state of shocked disbelief” that lenders had failed to regulate themselves. Former Federal Reserve Chairman Alan Greenspan declined to be interviewed for this story, but his recent congressional testimony gives some insight into his perspective on the meltdown and its origins.

In October 2008, Greenspan appeared before the House Committee on Oversight and Government Reform to answer questions about the financial crisis and his tenure at the Fed. In his testimony, Greenspan wrote that subprime mortgages were “undeniably the original source of [the] crisis,” and blamed excess demand from securitizers for the explosive growth of subprime lending.

Greenspan also acknowledged that after forty years, he had “found a flaw” in his ideology. “Those of us who have looked to the self-interest of lending institutions to protect shareholder’s equity, myself especially, are in a state of shocked disbelief,” he said.

In other words, in this case, the market proved unable to regulate itself.

The Aftermath

Eight years after the Fed failed to step in, skyrocketing foreclosure rates have wrecked the banking industry, requiring a $700 billion bank bailout. Investors that bought mortgage-backed securities, including many retirement funds, have lost untold billions.

One in 33 homeowners in the United States, 2.26 million people, may lose their homes to foreclosure in the next two years — a staggering foreclosure rate directly attributed to subprime mortgage loans made in 2005 and 2006, according to a recent report from the Pew Charitable Trusts.

Had the legislative efforts to curb abusive practices in the high-cost lending market succeeded — at the state or federal level — those loans might never have been made. But the proposals didn’t succeed, and many of the troubling mortgage provisions that contributed to the foreclosures are still legal today.

“Prepayment penalties, yield spread premiums, flipping, packing, single premium credit insurance, binding mandatory arbitration — they’re all still legal under federal law,” said Brennan. Some of those provisions are prohibited under July 2008 changes to HOEPA’s implementing regulations, but lenders can still include them in loans below that law’s thresholds.

A bill now moving through the House would change that. The bill, sponsored by Democratic Representatives Brad Miller and Mel Watt, both of North Carolina, and Barney Frank of Massachusetts, includes a ban on yield-spread premiums — which reward brokers for steering borrowers into costly loans — and lending without regard for a borrower’s ability to repay the mortgage. The bill would also create what are known as “assignee liability provisions,” which would make mortgage securitizers more responsible for abuses in the original mortgages. The bill was approved by the House Financial Services Committee on April 29, and is expected to receive a vote on the House floor.

Rep. Barney Frank of Massachusetts, chairman of the House Committee on Financial Services, has co-sponsored new legislation that would further limit abusive lending practices. Keest, of the Center for Responsible Lending, said such assignee liability provisions could have helped to avert the crisis. The provisions would not just have given borrowers the ability to defend themselves from foreclosure, Keest said, but would have protected investors as well.

Several state laws included the assignee liability provisions, but were preempted by federal regulators. If those provisions had stayed in the law, investors might have been more attentive to the questionable actions of lenders and brokers. When investors are responsible for abuses in the loans they buy, Keest said, “they have some skin in the game,” and are more likely to closely scrutinize the loans in a securitized pool. Investors might have noticed sooner that the subprime loans they were gobbling up were going bad, fast.

As it was, the demand for securities backed by subprime loans was insatiable.

“The secondary market, it was Jabba the Hutt — ‘feed me, feed me,’” Keest said. It was a “two-demand market,” she said, with borrowers seeking credit on one side, and investors clamoring for securities on the other.

Ira Rheingold, executive director of the National Association of Consumer Advocates, asserts that the financial industry’s lobbying power shut down efforts to help consumers, both during the early 2000s and more recently, when advocates were pushing for foreclosure assistance in the bailout bill. “People were making lots of money,” Rheingold said. “Congress was dependent upon their money.”

The industry is, indeed, among the biggest political forces in Washington. Between 1989 and 2008, the financial services sector gave $2.2 billion in federal campaign contributions, according to the Center for Responsive Politics. Since 1998, the sector spent over $3.5 billion lobbying members of Congress — more than any other single sector, again according to the Center.

Meanwhile, Brennan worries about his city, which sees 4,000 to 7,000 foreclosures filed each month in the metropolitan area, concentrated in African-American communities.

“Atlanta is a disaster,” he said. And the same might be said for the American economy.

Kat Aaron investigates for the Center for Public Integrity, from where this article was adapted. Find more investigations at http://www.publicintegrity.org

Gils Enews: Credit Scores

This weeks topic:
 
- Credit Scores -
 
(thank you to the agents that emailed topic suggestions last week)
 
Please email me your topic suggestions. Driving around dropping off fliers wastes gas, time and paper. Help me keep it Green, Clean and Current.
 
Update on current purchase transaction turn times:
FHA: 5 days to underwrite. (still time to close for the $8,000)
Conventional: 4 days to underwrite
FHA rehab: 15 days to underwrite
 
Gil's current loan closing performance stats:
100% ytd pre-approval letter to closing record
100% ytd rate quote to rate delivery accuracy record
97% ytd on-time closing record
89% ytd purchase to refinance loan ratio
Years of reliable and trusted service for purchase money financing.
 
What are some current loan process concerns right now?
1. Funds to close verification from buyers (no unsourced deposits allowed)
2. Debt to income ratios
3. Horrible loan pre-approvals on down-leg transactions
4. Low credit scores
Below is a list of my top 9 programs that should be in every agents resource folder: 
     Fast closing flyer:  www.realestateloans.com/fhadonewell.pdf  
    100% Rural Development:  www.realestateloans.com/usda.pdf  
    $100 down for HUD owned homes:  www.realestateloans.com/100hudhome.pdf  
    Deferred maintenance homes:  www.realestateloans.com/uglyhomes.pdf  
  Pre-approvals that close:  www.realestateloans.com/concierge.pdf  
  VA 100% financing:  www.realestateloans.com/va.pdf

My personal email for questions: gilkerk@yahoo.com
 
 
Ahead of the Curve
For Active Real Estate Marketing Professionals...
 
New Credit Score Requirements: Credit score requirements are now lender to lender specific. Due to default rates with certain lenders and secondary market requirements some lenders have been pushed to increase credit score requirements for their mortgages. You may want to proactively monitor your buyers to make sure they are matched with lenders that have an appetite for their credit score.
 
Recently, I've started seeing the introduction of three to four Tiers for FHA loans: 620, 640 and 660. You will see 660 minimums with a few lenders that have been hardest hit with mtg defaults and low FHA score card results. Some lenders are also overlaying the higher scores to protect their future FHA score card.
 
As most of you know, conventional lenders have already instituted risk based pricing on conventional loan programs. Risk based pricing is tiered towards both down payment and credit score. Prime rates are offered at scores starting at 720. You will see rate/fee increases when the score goes down in 20 point increments. 700-719 pricing, 680-699 pricing, 660-679 pricing, 640-659 pricing and so on down to the 620-639 floor.
 
Please take a look at the above flier on credit scoring. I'm supporting my Tier one agents and their buyers with credit score inhancement and rescoring.
 
 
Is the lending process burning you out? Is your loan officer slower than you'd like? Cut yourself free from bad service, poor communication and start enjoying incredible support today. Call if I can assist.
 
Could your team use an updated presentation to get agents up-to-speed on loan program changes? Lending is a huge part of transactional business, consider  scheduling my lunch and learn for your team.
 
Win over your listing presentations and let your listings professionally present themselves with a year of free TALKING HOME TOUR TECHNOLOGY. Call to sign up today. See the above flier for details.
 
 
 
Gil Kerbashian
Mortgage Lending Since 1997
Gil's Loan Answer Hotline: (847) 873-7295

 
 

 

Mortgage Terminology

1031 Exchange - A tax free sale and purchase of investment property

Adjustable Rate Mortgage - a mortgage with a variable interest rate, which adjusts monthly, biannually, or annually.

Amortization - The simple way a loan is payed down over a period.

Annual Percentage Rate (APR) - the interest rate you pay on your mortgage in relation to fees, points, and other costs associated with the loan.

Appraisal - a value report that determines the value of your property based on a number of comparable sales factors.

Assumption - the act of assuming responsibility for the payment of a mortgage lien.

Balloon Mortgage - a mortgage with a large lump sum payment due at within a certain period during the loans life.

Biweekly Mortgage - A mortgage that is paid every two weeks.

Bridge Loan - A loan used for short term purposes.

Broker - a company who assists a borrower in find the best funding for a mortgage.

Buy Down - the act of securing a lower interest rate by paying the bank a lender additonal points or fees.

Caps - caps limit how much and how frequently an interest rate can change on an adjustable rate mortgage.

Closing - the final step in the loan process when loan documents are signed.

Conforming Loan - a loan that meets Fannie Mae and Freddie Mac guidelines for loan amount and guidelines.

203ks loan - a loan given to a homeowner during intervals of the building process which is due upon completion of the project.

 

Debt-to-Income Ratio - the ratio of monthly liabilities and housing expenses divided by the monthly gross income of the borrower.

Deed of Trust - a security instrument between the borrower and the lender,

Deferred Interest - the amount of interest added to the principal loan balance when a borrower pays the interest only portion of a loan.

Down Payment - an upfront payment to the seller of a property for a portion of the sales price.

Earnest Money - a deposit paid to the seller by the buyer as a pledge to complete a real estate transaction.

Equity - the value of a property less any and all existing liens.

Escrow - a third party and neutral intermediary who holds and allocates funds.

Federal Home Loan Mortgage Corporation FREDDIE MAC- one of the largest home loan financiers of conventional mortgages on the secondary market. Government owned.

Federal National Mortgage Corporation FANNIE MAE - same as Freddie Mac

FHA Loan - a mortgage insurance program that helps borrowers obtain money with the governments backing.

Hard Money Loan - high interest rate loans for non conventional financing.

Hazard Insurance - insurance which protects a property owner from damages.

Home Equity Line of Credit - an loan based on the equity of your home. Usually adjustable.

Impound Escrow Account - an account established by the issuing bank or lender to automatically pay a borrower’s property tax and homeowners insurance when payments are due.

Jumbo Loan - a loan amount above the conforming loan limits- fannie mae and freddie mac limits.

Lien - a claim against a property by the issuing bank or lender to secure repayment of a debt.

Loan Officer - someone that originates loan applications.

Loan-to-Value - the percentage of the property's value that is borrowed from a bank or lender.

Mortgage - a pledge of property to a creditor as security for an obligation or repayment of a debt.

Mortgage Insurance - required insurance on a mortgage if the down payment is less than twenty percent.

Mortgagee - the mortgage bank or lender.

Mortgagor - the mortgage borrower or homeowner.

Negative Amortization - when a mortgage payment received is below the interest or principle payment, the difference will be added onto the principal balance of the loan.

Note - a written promise to repay the mortgage plus interest.

Origination Fee - a percentage of the loan amount charged by the bank or broker for completing the loan process.

PITI - the total monthly housing expense, expressed as principal, interest, taxes, and insurance.

Points - stands for a percentage of the loan amount. 1% is 1 point.

Prepayment Penalty - if a loan is refinanced or repaid prior to a certain date as agreed upon in the loan documents a fee will be charged by the bank or lender.

Principal - the balance on the liens on a property.

Quitclaim Deed - a document by which a person either releases interest in a property or transfers interest to another person.

Real Estate Short Sales - when a house is sold for less than what is owed and the bank accepts.

Refinance - the act of replacing your existing loan with a new loan on the same property.

Reverse Mortgage - loans made to persons 62 and older with no payments required. Based on their current homes equity. Equity mining.

Right of Rescission - a law which allows a homeowner to rescind a contract to refinance their primary residence within three days of signing loan documents .

Second Mortgage - a mortgage that comes secondarily after the primary mortgage on a home has been established.

Seller Carryback - seller becomes a lender and carry's a mortgage for the buyer.

VA Mortgage - a home loan that is guaranteed by the veterans administration.

Is Anyone at the Fed or Treasury Listening? Mortgage Rate Buydowns for a Quicker Housing Recovery

The Treasury and Fed created a program in January 2009 to purchase Mortgage Backed Securities directly from Fannie Mae and Freddie Mac. These MBS purchases by the Fed are being conducted in order to maintain capital flow into the housing mortgage market. The move was necessary and very well intentioned after the credit markets froze up in late '08.

Another goal of the Fed was to also maintain low mortgage rates in the hopes that the lower rates would stimulate home purchases.

An effective way to reach the Treasury and Fed's proposed goal of "low" rates for 30 year fixed mortgages would be through a temporary mortgage rate buydown program. Temporary mortgage rate buydowns were used regularly for years with FHA and conventioanl loans but went out of favor over the last fifteen years due to market conditions. These buydown programs are still available through mortgage lenders and are fairly simple to apply.

Why would they work so well?

Loan servicers, retail mortgage lenders, mortgage brokers, title insurance companies and closing entities all understand how to create and fund these mortgage interest rate buydown transactions on the retail side and can seamlessly package them for smooth transition to Wall Street. The concept is very straightforward:

A buyer buys a home for $300,000 and the current note rate is 6.0% on a 30 year fixed mortgage. The home buyer would be qualified at the 6.0% rate but would receive a “bought down” rate to 4.0%.

We are fairly certain the buyer could make the payments because their income and assets must qualify at the 6.0% note rate. The mortgage borrower would pay 4.0% the first year, 5.0% the second year and then adjust to the full note rate of 6.0% remaining at 6.0% until the note was paid off. This is not an adjustable mortgage, its completely fixed and qualified at 6.0%. The borrower is given a short two year term incentive to buy using the buydown program.

This program also makes practical sense because most home buyers experience added homeownership costs (paint, furniture, appliances, etc.) in the first two years which typically only start to settle down after the second year.

The typical cost for the above mortgage rate buydown example would be about $9,000. The above program would be a whole lot more broad based, quicker to execute and much less expensive for the taxpayer than the current Fed/Treasury idea of a tax refund that buyers must apply for.

Currently, the government is offering an $8,000 dollar tax credit for most first time buyers that buy on or before November 30th, 2009.  The taxpayer, the government, the economy and the consumer would be better served by directing this tax credit to a buydown program.

The above buydown program offer would expire within one year so that home buyers would be forced to get into the market NOW. Buydowns would be focused towards housing sales and not refinances.

By stimulating home sales, those homeowners currently in default would be able to sell and downsize rather than work through complicated and uncertain mortgage modifications. The housing industry and derived demand segments of the economy would also benefit greatly.

I initiated a small campaign in 2008 to encourage the use of these buydowns rather than creating new unproven tactics: letter. The letter was sent to then Senator Obama, Senators McCain and Durbin. This letter was also sent out to 2000 real estate agents and mortgage professionals to sign and fax to these Senators.

Using tools that are currently available is a less expensive and more practical approach. 

Gil Kerbashian

 

$8,000 Tax Credit Applied in Illinois

I just wanted to take a minute to clarify things with respect to the “monetization” of the first time homebuyer tax credit in Illinois

There may be the impression by Realtors, mortgage professionals and buyers that HUD’s recent mortgagee letter that a program is now available to lend home buyers/borrowers their tax credit money so that they could be used for downpayment and closing costs. Simply not true.

The HUD mortgagee letter indicates that the monies acquired through a loan program to “monetize” the tax credit qualify for use in conjunction with FHA loan products.  Don’t expect that an FHA borrower in Illinois today can apply for a short-term tax credit loan in conjunction with their FHA mortgage.  We’re not aware of any FHA lenders in Illinois that are doing that right now.  Most states that have established a monetization program have done so through their state housing authority.  IAR has been in discussions with IHDA for some time to explore the possibilities, challenges and resources available to establish such a program, but, again, there is not currently a program available in Illinois.

Also, please keep in mind that this discussion only relates to monetization for downpayment purposes, the tax credit is still in place for income tax filing purposes.

We should ask our Illinois state representatives why they haven't created a mechanism to create silent seconds for the purchase process.

FHA: $8,000 Homebuyer Tax Credit

$8,000 Tax Credit

The first time homebuyers tax credit of $8,000 is now approved by HUD for FHA loans. Please read the mortgagee letter, ML 2009-15 as it states that you can't use this tax credit for the required down payment of 3.5%. After the original announcement, the new version of the $8,000 protocal was announced yesterday. Buyers can receive the first time homebuyers tax credit upfront, but not through the IRS as this would be fully illegal.  Too many people are saying that you can get the money directly from the IRS prior to closing. The IRS & HUD both says no way.

The $8,000 can be given to you as a second or a silent second from any Federal, State, or local agencies, and any FHA lender or FHA approved non profit organization

The short version of this is that you can use some of the money from the $8,000 Tax Credit as your down payment, but only after the buyer puts down the first 3.5% of that down payment.BUyers still have to come up with 3.5%. With FHA loans a downpayment can still be a gift from a relative, close relation or family member.  It also can come from a nonprofit or government agencies as for the initial downpayment.

Think about using the $8,000 for a 2-1 buydown, asking the seller for the remainder of the closing costs and letting the buyer be responsible for the downpayment. A 2-1 can bring a buyers interest rate into the 3's for a fixed mortgage. Call for details. Gil Mcneil Financial Group 847-829-4249

FHA: $8,000 for Downpayment. When will they or won't they?

HUD Guidance Coming on Tax Credit 'Bridge Loans'

Picture of Shaun Donovan

The Department of Housing and Urban Development soon will issue guidance enabling FHA-approved lenders to provide short-term "bridge loans" to borrowers who are eligible for a one-time $8,000 first-time homebuyer tax credit. HUD issued a mortgagee letter on May 12 outlining a program that enabled borrowers to use tax credit funds toward downpayment and closing costs. But HUD took the letter off its website a few hours later — after the Office of Management and Budget objected.

Apparently HUD had not consulted with OMB officials on the issue. Meanwhile, HUD has drafted new guidance that is expected to be posted any day now, according to sources. HUD secretary Shaun Donovan told the National Association of Realtors on May 12 that FHA approved-lenders, nonprofit housing groups, as well as state and local government entities would be permitted to "monetize the tax credit through short-term bridge loans."

HUD expects these bridge loans will help more borrowers to become homeowners. The department also wants to prevent lenders from abusing the program by charging FHA first-time homebuyers excessive fees and rates.

FHA : Cash deposits and transfers are a royal PAIN

Avoid large or undocumented deposits into your bank account before or during a loan transaction. Deposit verifications may be obtained all the way through to day of close. 

During the underwriting of mortgages, underwriters look for unusual and/or inconsistently large deposits into bank accounts. This has been a problem of late with first time buyers and those looking to acquire their downpayment from undocumented sources.

Why is this such a menace? FHA requires borrowers to have a statutory investment/ committment into their transaction. This means that the borrower (or close relation) must make a worthwhile investment into the property so as to show a dedicated level of committment. The more we personally invest in something the more we stick it out when things get tough. Much of the default activity we're now experiencing across the county is due to 'easy-in or low-down' loan programs. Those that never had a personal stake are simply walking away when their property value declines.

If a borrower is borrowing their downpayment or obtaining it through another undocumented source, per FHA guidelines the deposit must be fully be investigated.

This process usually results in loan declines and high anxiety for the parties involved. Do the right thing but if there is any question, talk to your loan officer.

Property Tax Credits Too Good To Be True In Illinois (but they are good and true)

Home buyers in Illinois are not only going to be given $8,000 at tax time next year when they (first time buyers) buy a home but they will also recieve a substantial property tax credit from the seller at close.

The tax credit is a standard benefit for all home buyers in Illinois and there is nothing nefarious about it. The net effect of this tax credit is to reduce the downpayment and closing costs at close of escrow. Illinois home buyers, if they have the right Realtor and mortgage professional, can structure a purchase to be very close to a zero downpayment transaction.

Here's how it works and how all purchase transactions should be structured in Illinois. I'm going to use a $100,000 purchase price to make the below transaction simple to calculate:

Purchase price: $100,000

FHA downpayment: $3,500 (3.5% required)

Closing costs: $5000 ($2000 applied to the required tax escrows/impounds)

Total buyer required funds to close: $8,500

You don't have the down and closing costs? Here's what you do...

Offer the seller $105,000 and ask the seller to pay $5000 towards your closing costs. The value of the house should appraise out if you've done your homework and found the right home.

In this one step you've reduced your total closing costs to $3675 downpayment. Wait a second you say.. you just said the downpayment was $3,500. Yes on a $100,000 purchase but now you're purchasing the home for $105,000 so the downpayment has gone up a small amount.

Now, all you have to come up with $3,675 which isn't too bad, and there are a couple of things you need to keep in mind for the downpayment:

Home buyers will receive a tax credit from the seller at close (see closing costs) even after the buyers have escrowed for taxes. Ok, so you've got the seller to pay your closing costs which also includes tax escrows BUT you as the buyer are still receiving the credit for the property taxes. Thats $2000 (or more) the buyer will receive at closing, knocking the downpayment down to $1675.

Closing costs: eliminated

Downpayment: substantially reduced

Catch? The buyer has to show $3675 in their available funds. The seller tax credit can't be used or calculated in assets and must be kept out of underwriting. The tax credit comes into play only at close. 

How do I show the $3675? 401k... pension... gift funds from Mom, Dad, Granddad, Fiance, Boyfriend, Municipal downpayment program... there are a lot of resources out there, all you have to do is make a few calls. Its not that difficult. Need help, call me. 

 

 

 

 

 

 

First Time Home Buyer Tax Credit 2009 Highlights

While the $15,000 credit died in House and Senate negotiations the $800 billion stimulus bill that President Obama signed into law Tuesday includes a smaller attempt to help the real estate market. Here are top things you should know about the $8,000 first-time home buyer tax credit.

- $8,000 for new buyers:This credit offers 10 percent of the purchase price of the home capped at $8,000 for first-time home buyers and principal residences. Does not have to be repaid.

- What's a first time buyer: A "first-time home buyer" is somebody who hasn't owned a principal residence for last three years. That means if you've owned a vacation home but not a principal residence you would still qualify for the credit.

- 2009 only: For purchases on or after January 1 and before December 1, 2009 are eligible for the credit. People that bought a home last year won't be able to take advantage of it.

- Income restrictions: The credit has income limits. Single buyers need a modified adjusted gross income of $75,000 or less and $150,000 for married couples. Higher income earners may be eligible for reduced credits.

- Tax Refund: Because the tax credit is "refundable" - buyers can take advantage of it even if they don't have much tax liability.

- Payback: Buyers have to own the home for at least three years. If they sell the home before then they will have to return the credit to the government- possible exceptions such as death or divorce.

Credit Repair in Illinois

Credit repair is a hot topic and getting hotter with each passing month. Mortgage lenders, auto loan companies and credit card issuers are starting to require much (much) higher credit scores from consumers.

This week, mortgage insurance companies have introduced stricter requirements for mortgage borrowers that require PMI for their home loan. In some states the credit score requirement to purchase a home with a loan needing mortgage insurance could be as high at 720. This score is not only good, some would consider it perfect or very near perfect.

If you are considering submitting for credit repair services be careful of the service provider you choose. Credit repair appears a little like subprime mortgage promises. The customers are acting solely on hope and some of the service providers are pulling bait and switch. Although the risk to the financial markets is almost nonexistent there is still a great deal of personal heartache to the consumer if the process isn't handled well.

I don't want to turn anyone away from credit repair. I SINCERILY URGE YOU TO MAKE IT HAPPEN QUICKLY, BUT MORE IMPORTANTLY, PLEASE DO YOUR RESEARCH INTO SERVICE PROVIDERS. Don't fall for false promises and always look for and try to secure a genuine guarantee of results.

Get your credit repaired today but do it with a reputable company or end up like this guy...

 

 

 

 

Senate Wants $15,000 Housing Tax Incentive Bicameral Conference Says NO

Many thanks to Congress for initiating the new tax incentive for purchasing homes, and some more thanks to the Senate for keeping it in the stimulus bill. The bill is now in the Senate. The Senate is starting to strip the bill of pork injected in the house, more kudos to the Senators. Will it make it all the way through? Call your representative to make sure. 

Some may complain that the $15,000 won't do enough for the housing market. Hard to say but I sure hope it does. We know that the $7500 tax incentive didn't do much. Is $15,000 much better? I think so. Imagine being handed a check for $15,000 the next time you file your taxes. What a blessing. Especially for the young couple that needs to buy furniture, plates, paint the house, repair odds and ends, etc. Remember when you bought your first home and how wonderful a $15,000 check would have been to offset unexpected expenses? Of course.

There is 9 trillion dollars sitting in various forms of cash in this country. I'm sure there are lots of parents and grandparents that will recommend their kids and grandkids to get busy.

Take a look at number 5 and 6 below.

Here are the highlights:

  1. The tax credit is 10% of the purchase price up to $15,000.
  2. The tax credit is for one year (from date of enactment).
  3. The credit is available for both new and existing home purchases.
  4. This is for primary residences only, and the home must be owner occupied for two years after purchase.
  5. There is no income cap (the $7,500 tax credit had an income cap of $150,000 per year).
  6. Unlike the $7,500 tax credit, the new credit does not have to be repaid over time.
  7. The credit is limited each year to the amount of taxes owed in any one year (with the $7,500 tax credit, buyers received the entire credit and a refund if the $7,500 was greater than taxes for the year). Example: If you owned $10,000 in taxes for 2009, you could only use $10,000 of the credit to reduce your tax bill to zero for 2008. If you owed $3,000 the next year- 2009, you could use the remaining balance of $5,000 to negate what you owed in 2009 but that's it, you're done with the credit. Buyers can split the $15,000 into two separate tax credits to be taken in two successive years.