It’s back… the 80/10/10 mortgage program which allows home buyers to put just 10% down and avoid having private mortgage insurance via a second mortgage/home equity line of creedit. The second mortgage/home equity line of credit technically does not have to be at 10% with the first mortgage at 80% of the loan to value (sales price). Often times, the mortgages may be structured around conforming loan limits, as long as the total combined loan to value is 90%.
When you are refinancing your primary mortgage and you have an existing second mortgage or HELOC (home equity line of credit), the new lender will require to stay in “first lien position”. This boils down to who has first dibs on a property in the event of a foreclosure. Lien position is determined by the date the mortgage was recorded. When you refinance your first mortgage and you have an existing second mortgage, the new mortgage will have a recording date that is after the existing second mortgage. Technically, that would put the second mortgage or HELOC in “first lien” position, which would not be allowed with the new lender.
What are your options when you have a second mortgage and want to refinance? NOTE: please review your options with your mortgage professional before you take any action as there may be certain procedures that need to be followed in order to have a successful refinance.
- Pay off and close the second mortgage with your own assets.
- Pay off and close the second mortgage with the refinance.
- Restructure the mortgages with a simultaneous new first and new second mortgage. (Yes, piggy back second mortgages have returned).
- Request the second mortgage subordinate their lien position with the new first mortgage.
Pay off and close the second mortgage with your own assets. This seems like a pretty straight forward solution assuming you (a) have the additional assets and (b) this is how you want to use those assets. Even if you have a “zero balance” on your HELOC, the lender may have to consider the full line of credit into your debt to income ratios (as if you have maxed out your credit line). If you do select this option, please do consult your mortgage originator.
Pay off and close the second mortgage with funds from the refinance. This may work assuming you have enough home equity to increase your loan amount to include the second mortgage with your refinance. If you obtained the second mortgage after you purchased your home, including it in the refinance creates a “cash out refinance” which has different guidelines and loan to value restrictions than a “rate term refinance”. If you are considering a HARP (Home Affordable Refinance Program) refinance, the second mortgage cannot be included in the refinance regardless of when it was acquired.
Restructure your mortgages with a new first and second mortgage (piggy back). Lenders are offering piggy back second mortgages again. If you have enough home equity, this may be an option to consider. The lenders I work with currently offer up to an combined maximum loan to value of 85% and you must have a 720 credit score or higher.
Request the second mortgage subordinate their lien position. If the above options are not available or appealing to you, the new lender will require that the second mortgage (or heloc) subordinate their lien position. This isn’t something that the second mortgage is required to do – it is up to the second mortgage lien holder IF they will allow the subordination to take place. With a subordination, the second mortgage still exist and the terms will remain the same (unless the second mortgage requires adjustments to the credit line).
This process generally does not take place until towards the end of the refinance process, when there is a loan approval with the new first mortgage, often times including an appraisal. The request is submitted to the second mortgage, often with a fee ranging from $100 – $300, for review. I have seen subordination request approved with no issues, approved with the HELOC being required to be paid down with the credit line reduced or closed and sometimes subordination request are not approved. It’s one of those situations where “we won’t know until we get there”. Worse case scenario, a home owner could be out their deposits for the appraisal and request for subordination fees.
If a home owner is refinancing with a Home Affordable Refi (HARP 2) and requiring a subordination, assuming their appraisal is waived, if the second lien holder denies the subordination, they’ve probably only lost their request for subordination fee (and time). It’s also possible that the second lien holder may require an appraisal to process the subordination even though the first mortgage (new HARP refi) is not requiring one.
I’m hoping that second mortgages will be more flexible, as are private mortgage insurance companies, with HARP 2 and allow more subordinations without appraisals. It only makes sense to allow the home owner to reduce their monthly payments which reduces the chance of foreclosure. However, banks don’t always do what is “common sense”. If you qualify for a HARP refi, and you do not have a waived appraisal during this phase, you may want to wait for the next release of expanded guidelines.
If you are interested in refinancing your home located anywhere in Washington, please contact me, I’m happy to help you! Click here for a HARP 2 rate quote and here for all other mortgage rate quotes.
This morning via Twitter, Talon Title asked me what the difference in rate is between a conforming and jumbo mortgage. Currently, as of October 1, 2011, the jumbo loan limit is set to be reduced unless Congress passes an extension. In the Seattle area, the loan amount for jumbos will be anything over $506,000 (currently the loan limit is $567,500) for a single family dwelling. Ben Bernanke has stated that private banking will step in to finance these borrowers needing a mortgage over the conforming loan amounts…this is at a price. He doesn't feel this will squeeze those borrowers out of the market. I wonder if this will squeeze more buyers into adjustable rate mortgages.
Here's the difference in rates based on current pricing (as of 8:30 a.m. on July 14, 2011) with 740+ credit and an 80% loan to value. We know the difference in the greater Seattle area between a jumbo and conforming rate will be $61,500 in down payment or equity.
Conforming loan amount of $417,000 or lower.
30 Year Fixed: 4.500% (apr 4.602).
5/1 ARM: 3.000% (apr 3.292). With 5/2/5 caps, this product is fixed at 3.000% for 60 months (P&I $1686) and then may adjust up 5% to 8.000% at the 61st payment (P&I $2744) or as low as 2.25% (P&I $1114). The rate will continue adjust up or down no more than 2% annually on the anniversary date and may never be higher than 8% or lower than 2.25%. Based on a $400,000 loan amount.
Conforming High Balance loan amount of $417,001 to $567,500 (for King County, Snohomish County or Pierce County).
30 Year Fixed: 4.625% (apr 4.602).
5/1 ARM: 3.875% (apr 3.912). With 5/2/5 caps, this product is fixed at 3.875% for 60 months (P&I $2379) and then may adjust up 5% to 8.875% at the 61st payment (P&I $3786) or as low as 2.75% (P&I $2102). The rate will continue adjust up or down no more than 2% annually on the anniversary date and may never be higher than 8.875% or lower than 2.75%. Based on a $506,000 loan amount.
5/1 ARM: 2.875% (apr 3.231). With 5/2/5 caps, this product is fixed at 2.875% for 60 months (P&I $2099) and then may adjust up 5% to 7.875% (P&I $3420)at the 61st payment or as low as 2.25% (P&I $1953). The rate will continue adjust up or down no more than 2% annually on the anniversary date and may never be higher than 7.875% or lower than 2.25%. NOTE: 5% additional down payment (75% LTV) is required for this scenario. Based on a $506,000 loan amount.
Non-Conforming – Jumbo loan amounts $567,501 and higher (until October 1, 2011).
30 Year Fixed: 5.250% (apr 5.371).
5/1 ARM: 3.875% (apr 3.904). With 5/2/5 caps, this product is fixed at 3.875% for 60 months (P&I $2669) and then may adjust up 5% to 8.875% at the 61st payment (P&I $4246) or as low as 2.75% (P&I $2358). The rate will continue adjust up or down no more than 2% annually on the anniversary date and may never be higher than 8.875% or lower than 2.75%. Based on a $567,501 loan amount.
Let's pretend that it's October 1, 2011 and that the changes to conforming loan limits are in place and somehow, mortgage rates are exactly the same as what I've quoted above.
The difference between the conforming high balance and jumbo rates are currently 0.625% in interest rate with the 30 year fixed mortgage. A loan amount of $506,001 or more (proposed future jumbo) would have a $193 higher mortgage payment with the jumbo rate over the conforming high balance based on rates above.
Are people going to stop buying homes that are in the current conforming high balance price range? I don't think so… I do think that when the conforming loan limits are reduced later this year, it will cause some to select mortgage programs they might not have considered such as adjustable rate mortgages or piggy-back second mortgages. It seems to me that Congress should allow the temporary higher loan limits to stay in place until housing becomes more stable. There was some discussion during testimony yesterday by Congressman Miller in California, however as I mentioned, Ben Bernanke doesn't seem to think that the reduction in loan limits will impact housing significantly. We'll know more in a few months…and don't forget, Fannie has issued "warnings" via their FAQs that we may see loan limits further reduced effective January 1, 2012.
Just for fun… since we're pretending to be in the future, here's a trip down 80s memory lane:
I’m pleased to announce that we now have second mortgages and home equity loans available in combination with a first mortgage at Mortgage Master Service Corporation. I see this being very useful with keeping loan amounts under conforming limits (especially once they’re scheduled to be reduced on October 1, 2011). Here’s some quick points on this program:
- maximum allowed total loan to value is 85% with a mid-credit score of 720 or higher for owner occupied.
- maximum allowed total loan to value is 70% with a mid-credit score of 700 – 719 for owner occupied.
- maximum allowed loan to value of 80% with a mid-credit score of 720 or higher for a second home.
- available for purchases or refinances.
- maximum allowed debt-to-income ratio of 45%.
- available as a HELOC (home equity line of credit) or fixed rates.
Should you consider using a first and second mortgage combo for your home financing? That’s up to you! What’s important is knowing and understanding what options are available to you so you can make an informed decision. If you are buying or refinancing a home located anywhere in Washington state, I’m happy to help you with your mortgage needs.
Fannie Mae’s underwriting guidelines for the temporary conforming loan limits have been released and it looks like the new loan amounts are not going to be as helpful as many had hoped. The new guidelines for loan amounts between $417,001 – $567,500 in King, Snohomish and Pierce Counties are far more strict.
The biggest whammy is that if you were hoping to combine your first and second mortgage (or heloc) into one new conforming-jumbo mortgage, you’re out of luck. Fannie is not allowing any "cash out" refinances. This means that even if you were just paying off the two mortgages and not receiving a nickle back at closing–it’s not going to fly.
You must have a minimum of 660 credit scores for a fixed rate purchase for a LTV of 80% or less for a purchase using a fixed or adjustable rate.
Limited cash out refinances are allowed up to 75% loan to value with a minimum 660 credit score. Limited cash-out means that you are allowed to roll in the closing costs to the refinance and receive no more than $2000 cash back at closing (no second mortgages/helocs can be included in the refinance).
Update: it appears that Freddie Mac will allow cash out refinances up to a 75% loan to value with a 720 minimum credit score.
Adjustable rate mortgages are qualified at the fully amortized PITI at the higher of the note rate or fully indexed rate (worse case rate).
Be prepared for a "full doc" mortgage. There is no "stated income" allowed. You will also need two months of reserves (PITI) and are limited to a 45% DTI (debt to income) ratio.
You can only have four financed properties, including your principal residence.
On Monday, I believe lenders will finally unveil pricing…which again is said to not be as exciting as consumers had hoped. I’m hearing that the rates will fall between current Jumbo and conforming.
Rumor has it that the FHA-jumbo will be more friendly to "jumbo" homeowners…if they can get over paying the upfront MIP (1.5% of your loan amount) and monthly mortgage insurance (0.5% of your loan amount/12 months). For example, on a $500,000 loan amount, the upfront MIP would be $7500 (typically financed into the loan) plus monthly mortgage insurance in the amount of $208.33…even if you have an 80% loan to value. We’ll just have to wait and see a couple more days.
Remember, these loan limits only last through December 31, 2008.
More to follow.
If you have a second mortgage (home equity line or fixed term), and you are not going to pay it off during a refinance; it needs to be “subordinated”. This is because of lien position with your mortgages…who gets to be first. Lien position is determined by when a document (such as a Deed of Trust) is recorded at the county. If you have two mortgages and are only refinancing the first mortgage, the second mortgage will need to be “subordinated”. The subordination agreement is a recorded document with the second mortgage lien holder and the borrower that the second mortgage will go back into second position after the new first mortgage is recorded. If this document was not recorded, than the old second mortgage would be in “first lien position” and the new refinance would be in “second lien position”. This boils down to which mortgage has more rights in the event of a foreclosure…everyone wants to be first as the further down the line you are, the higher the odds are that the lien may not be cashed out (again, in a worse case scenario).
Prior to our current mortgage crisis, a subordination agreement typically was not an issue. We send a request for subordination along with a copy of the appraisal from the refi. The second mortgage lien holder would review the request, consider the amount of equity remaining in the property and 9 times out of 10, agree. This process would take a couple days.
With more banks being concerned about depreciating or soft values, they are now taking much much longer to consider if they will all allow a subordination to take place. In fact, I recently closed a transaction where the bank took over 10 business days (this eats away at your lock) for a borrower with 800 credit scores and a loan to value of just over 50% to subordinate a HELOC that with a zero balance. An Account Manager from a bank that does a large amount of second mortgage recently sent out this memo:
“UPDATE on SUBORDINATIONS: Please get your files in early… the subordination dept is running approx 20 business days. I do not have any contacts for rushes etc. They are trying to work date sensitive deals, but they have not been able to get caught up…”
Folks…20 business days is a month!
If you are refinancing and have a second mortgage or HELOC that will not be included in the refinance, make sure your loan originator is aware and that they know how long subordinations are taking so they can lock your rate in appropriately. A 30 day lock with a 20 day subordination is not going to cut it. You’ll be looking at having to deal with a lock extension.
If your loan to value is higher, there is a possibility that the subordination may be declined. Discuss this with your loan originator upfront. Lenders are looking at any way to protect themselves from additional risk during these historic times. If your loan amount qualifies and you have enough equity, you just may have to include that second mortgage in your refinance.
SunTrust Bank, one of the lenders we work with, is joining the ranks of other lenders who are eliminating or shelving their second mortgage products, including their combos where they have the first and second mortgage (such as an 80/10/10). Where we once had several options for second mortgages and HELOCs, we are down to just a few.
Another bank that is still offering second mortgages (fixed and HELOCs) are limiting the total loan to value to 80% if your mid-credit score is 680-699. A 700 credit score will allow you to go up to 85% total loan to value.
We do have another option for second mortgages that will go to a higher loan to value with lower credit scores…you pay the price with rates up to 3 points higher than what the other bank offers (with the lower loan to value).
What are your alternatives if you do not have 20 or 15% down?
- Seller financing for a second mortgage (private deed of trust subject to approval with underwriting).
- Private mortgage insurance. Upfront, monthly or lender paid.
- FHA insured mortgages (subject to loan limits which will be changing soon)
- VA insured mortgages
If you are currently preapproved to purchase a home and you are using an 80/10/10 or 80/15/5, I urge you to contact your Mortgage Professional to confirm your preapproval is still valid and to develop a "Plan B" for your home purchase strategy. Some private mortgage insurance companies are also pulling back on higher loan to value mortgages (this includes lpmi and Fannie Flex); if you’re using less than 10% down with a pmi scenario–check with your Mortgage Professional for "Plan B" as well.
While on vacation last week, I took advantage of being "unplugged" and read the Seattle Times. On the last Sunday of 2007, they featured an article on How You Can Ride Out a Recession by Teresa Dixon Murray. Teresa offers 17 easy suggestions on how to protect yourself during uncertain economic times with her top tip being:
1. If you own a house, get a home-equity line today.
It won’t cost you money unless you use the credit line. But this way, you will have access to money if you lose your job or hit an emergency. If you wait until you’ve been laid off to apply for the credit line, "good luck trying to get a loan if you’re unemployed," said Les Szarka, president of Szarka Financial Management in North Olmsted, Ohio.
I’m sometimes hesitant to broadly recommend HELOCs to clients. Actually, I feel this way about all mortgage programs, selecting a mortgage properly requires evaluating your current needs and future financial goals. HELOCs can be trouble when used improperly and a valuable tool when used with the right strategy (this is true for any mortgage).
One of the best reasons to have a home equity line of credit is for protection in the event of unexpected circumstances such as loss of employment or health. And as the article mentions, to provide a safety net during uncertain times with our economy. A HELOC is best used when you’re not using them (was that a Yogi-ism?) but you must obtain one while you’re employed, with good credit and home equity. If you lose your job or are temporarily off work due to health issues and/or your miss a payment due to being off work or ill, you will find it difficult to qualify for a home equity loan when you need it the most. Imagine being in need of cash, having decent equity in your home and having a lender tell you, "sorry you don’t qualify" or having to opt for a hard money loan.
There are a couple other reasons to consider a home equity loan today instead of tomorrow or next week:
Guidelines are tightening. Most home equity loans are limiting the loan to value they will lend on and are raising credit score requirements. Combine this with possibility of properties losing value and the amount of your possible credit line may be limited.
For example, if you home is valued at $400,000 today and you have a $300,000 mortgage currently against the property, your credit line may be limited to $60,000. If your home depreciates 5% to $380,000; your available credit line may be limited to $42,000. During these historic times, it’s also possible for the lender to reduce your credit line on the HELOC or to close it due to inactivity.
Review your options with your trusted Mortgage Professional (who will hopefully refer you to a bank or credit union if their rates are not competitive with this product…some are…some are not).