An FHA loan might be right for you if you have a lower credit score or only a small amount of money saved for a down payment. FHA loans are backed by the Federal Housing Administration and can allow you to buy a home with a credit score as low as 580 and a down payment as low as 3.5%. In some cases, you can even buy a home with a credit score of 500 (but you would need to have a 10% down payment).
As you prepare to apply for a mortgage, you'll come across terms you may not know like "prequalification" and "preapproval." It's essential to understand what these terms mean, as they'll guide your home search and help you focus on homes you can afford. When the time comes, they can also help you decide how much to offer and show the seller that you're a serious buyer.
Everyone wants to believe their home’s value is on the rise, but the truth is, homes that have received little to no upgrades over time are typically in a constant state of depreciation. This isn’t the type of news you want to hear when it comes time to sell the property, so it’s important to be proactive in understanding your home’s value and the factors that impact it.
It’s important to understand the costs you’ll be responsible for when purchasing a home with a mortgage loan. One of those expenses might be mortgage insurance. We’ll walk you through the different types of mortgage insurance, how long you’ll have to pay it, the approximate costs, and whether you can avoid it.
An acceleration clause in real estate is a provision contained within a mortgage agreement that provides the lender the right to demand immediate repayment of the entire loan balance if the borrower defaults on the loan. This happens when payments are not made in accordance with the terms of the agreement or if other conditions of default are met. The clause indicates that upon default, the entire loan balance, including principal and interest, is due. This means that the lender can demand repayment of what may be a large amount of money in a short period of time, typically within 30 days.
Flood insurance is a type of property insurance that provides financial protection against any damages or losses related to flooding, regardless of the cause. It compensates for both direct and indirect losses caused by flooding, such as physical damage to structures and contents due to water, destruction of crops and livestock, loss of business income, and other related costs. The coverage offered by flood insurance varies depending on the policy, but generally covers structure and contents damage caused by direct physical losses from floods.
Purchasing a home with a mortgage involves several different parties, and multiple steps are required by each one. Lenders and brokers need loan applications filled out, financial documents turned in, fees paid, and questions answered.
It can be hard to keep track of everything that goes into buying a home with a mortgage loan. Luckily, you don’t have to go through it alone. Mortgage loan originators will not only fund your loan, but they’ll also help walk you through the loan process to ensure you make it to the closing table.
Most people make their mortgage payments on the first of the month or a few days before the actual due date. But what about the first payment on a new mortgage loan? Let’s walk through some important details on that initial payment and see how your closing date coincides with when your lender will expect your first payment.
There are two basic components that make up every mortgage payment: principal and interest. In this article, we’ll share everything you need to know about principal and interest in order to help you choose the best mortgage option for you. We’ll cover the differences between the two and help you determine what you owe, or will pay. Keep in mind, there may be other expenses that could find their way into your monthly payment as well.
Taking out a mortgage loan for the first time can be very overwhelming for a lot of people. Thanks to mortgage amortization, there's one thing you shouldn't have to stress about: knowing how much you'll pay each month for your mortgage (before taxes and insurance). In this article, we will guide you through everything you need to know about mortgage amortization and how to calculate yours.
You’ve probably heard the words “forbearance” and “foreclosure” tossed around, but what do they actually mean for you and your mortgage?
You may have financed a part of your home with a lender. In exchange for this financing, you agree to pay the financed amount, also called the principal, back in monthly installments, plus interest. What happens if you’re unable to pay this monthly amount? That’s when words like forbearance and foreclosure might start popping up.
Whether you’re struggling financially or simply looking to brush up on your knowledge of the mortgage industry, we’ve created a guide to help you understand these terms.
Forbearance refers to an agreement made between you and your lender in the event that you’re unable to pay your monthly mortgage amount for any reason. The lender freezes your payment requirements for a set amount of time. After this date, you would be required to continue your normal monthly mortgage payments, and pay back the balance owed, plus any interest or fees that accumulated during your grace period.
You might turn to forbearance if you’re having financial difficulties in the short term and need some time to catch up on payments.
You’ll want to reach out as soon as possible if you’re interested in finding out if your lender would agree to a forbearance. The earlier you reach out, the more likely your lender will be to work with you to come up with a plan that suits both parties’ needs and discuss if forbearance is good idea for you. Here’s how to work with your lender to get a forbearance:
Step 1: Reach Out To Your Lender
The very first step is to contact your lender and let them know about your financial situation. It’s ideal to call and speak to a representative, but some mortgage lenders have online chat options or forbearance application forms you can also use.
Your lender will need some key information and documentation from you. Be ready to provide the following:
An overview of your financial hardship – include what’s causing financial issues and when you expect the struggle to be resolved
Your mortgage loan or account number
Your monthly income before taxes
An itemized list of your monthly expenses
Unemployment benefits information, if applicable
Keep in mind that your lender will want to do everything they can to keep you in your home, paying your mortgage, so don’t be afraid to let them know you need a little bit of help.
Step 2: Request A Forbearance Agreement
There are a few steps the lender must follow before granting you a forbearance. First, they might ask you to try reducing your monthly expenses if there are any red flags or costs that seem unnecessary. Be prepared to speak about these expenses and explain where costs have been cut and why certain items can’t be cut. They may also ask you to prove you’re looking for work or a better-paying job. Once you’ve answered their questions, you can ask them to agree to a forbearance agreement.
Step 3: Submit Financial Records
Next, you’ll want to verify your financial hardships. Send your lender your unemployment award letter, which contains the amount you’re being paid; two of your last W-2s that reflect your minimal or reduced wages, two recent bank statements, a full list of your debts (bills and money you owe) and assets (your home, car and anything else of value) and your last two federal tax returns.
Your lender needs to be able to see your entire financial picture before they can draft and agree to a forbearance. From here, you’ll want to follow up with your lender until they assign a negotiator or loan officer to your account. This person will work with you and be your main point of contact throughout the rest of the process.
Step 4: Wait For Approval
Once you have a negotiator or loan officer, there’s not much to do except wait for forbearance approval. This can take several weeks, but you should diligently follow up to show the lender that you’re taking this request seriously.
Step 5: Receive Your Forbearance Letter
Once you’re approved for forbearance, the negotiator or loan officer will work to draft up a forbearance letter detailing the terms of your agreement. This letter will cover the forbearance period time frame, how much you’ll pay (if anything) during the forbearance period, additional fees or interest to be added to the amount owed and terms for repaying the outstanding balance after the forbearance period. You can talk to your loan officer to try to negotiate these terms if needed.
Step 6: Sign And Return Your Forbearance Agreement
Once you’re satisfied with the terms, sign and return the agreement to the lender. From there, your forbearance period will start. After this period ends, your payments will return to normal and additional payments will be required to cover the outstanding balance.
Let’s say you fail to follow the forbearance terms or cannot make the agreed-upon payments. Your home will likely go into foreclosure.
Foreclosure is a legal process that occurs when you are unable to continue making mortgage payments, and as a result, you forfeit rights to your home. The bank or lender would take over ownership of the property.
Foreclosure is the very last step before you lose ownership of your home. If a forbearance plan doesn’t help you get back on track with your finances, you’ll want to reach out to your lender before your home is foreclosed on.
A new payment plan might be able to help you avoid foreclosure. You can also speak with your lender about a short sale, where the property is listed on the market and sold for less than you owe on the mortgage. This could help alleviate your financial issues – but all the money paid by the buyer will go toward your outstanding mortgage balance.
Let’s say the lender is unwilling to work with you or if you’ve gone too long without reaching out about a payment plan. You’ll want to prepare for the foreclosure process. Here’s what to expect:
Step 1: Your Lender Will Notify You Of Your Mortgage Default
The first step your lender must take before foreclosing on your home is to give you notice of your default, or your failure to pay your mortgage. At this point, you still have options to move your mortgage out of default, including forbearance, short sales or working out a deferment or payment plan with your lender.
This notice is typically sent out after a mortgage has not been paid for 30 – 45 days. It will also detail a time period for repaying the balance owed to put the home loan back into good standing.
Step 2: The Lender Proceeds With Legal Filing
Are you unable to make the payments required or come up with a satisfactory agreement with your lender? If so, they will most likely move forward with legal foreclosure filings. This could happen in two different ways.
Your lender could file a nonjudicial foreclosure, which allows them to take possession of your property. The time frame from filing to foreclosing on the home is detailed in your mortgage paperwork, so be sure to review this contract for more information.
Your lender could also file a judicial foreclosure, which means they’ll file a lawsuit against you in order to receive legal permission to sell your property. This action is typically taken after you default on your home loan for more than 90 days, without making any effort to make payments.
Step 3: The Lender Will Notify You Of A Foreclosure Sale
Federal law states that lenders must wait 120 days before foreclosing on a home, which gives you roughly 4 months to make new living arrangements and move. However, each state has its own rules.
Once the lender has filed for judicial or nonjudicial foreclosure, you’ll be mailed a notice of foreclosure sale, which is a letter that indicates the date you must leave your home. You might need more time to make preparations – you can ask for more time to move out of the property and work out a new date with your lender, but they are not legally obligated to negotiate with you at this point.
The lender can file a lawsuit to have you evicted from the property if you do not leave by the required date. It’s best to work to move out of the home as quickly as possible so you won’t have to deal with further legal action.
Sometimes financial hardships strike when you least expect them, and you might be looking at a mortgage forbearance or foreclosure. Reach out to your lender as soon as possible if you find yourself in a tight financial situation. The sooner you reach out, the more options you’ll have available to help you fix the situation and get back on track.
Work toward a forbearance agreement that you can afford and make sure you make all necessary payments on time to avoid foreclosure. Talk to your lender about the possibility of renegotiating your forbearance agreement or consider a short sale if you find that foreclosure is becoming more and more likely.
The Missouri Housing Development Commission (MHDC) was created in 1969 to help provide home loan funding to qualified first-time home buyers in Missouri.
There are two programs available for Missouri borrowers through the MHDC. The first is the First Place Homebuyer Program, which provides first-time home buyers and qualified veterans an opportunity to take advantage of affordable interest rates, as well as additional incentives offered by MHDC. First Place Loans are 30-year, fixed-rate, first mortgages, and can be used to secure either a conventional, VA, or FHA loan.
There are two types of loans offered through the MHDC First Place program:
Cash Assistance Loan (CAL) - This loan provides down payment and closing cost assistance for first-time home buyers.
Non Cash Assistance Loan (Non CAL) - This loan provides a lower interest rate to first-time home buyers who do not qualify for down payment or closing cost assistance.
The second financial assistance option offered by the MHDC is the Next Step Program. Qualified first-time and non-first-time home buyers can receive up to 4% of the loan amount for down payment and closing costs. This forgivable second mortgage loan does not have to be paid back as long as the borrower stays in the home for ten years.
MHDC loans are mortgage loan products provided by the Missouri Housing Development Commission (MHDC) through USA Mortgage. They are available for properties located anywhere in Missouri and provide up to 4.5% down payment assistance, leaving very little left for the purchaser to pay out of pocket. The MHDC offers both conventional and FHA loans. Rates for these loans are determined by the MHDC and available on their website on a daily basis.
In addition to down payment assistance, the State of Missouri First Place Loan program offers a variety of other incentives such as closing cost assistance, loan forgiveness, and emergency repairs. For eligible homebuyers, this program can provide an affordable path to homeownership without sacrificing important features like quality and location.
To qualify, applicants must first be purchasing a home or property in Missouri. They must meet certain income limits, complete an 8-hour homebuyer education course, and work with an approved homebuyer counseling agency. For more information on the MHDC loans, rates, and other requirements, contact USA Mortgage or visit the Missouri Housing Development Commission website.
There are many people that can benefit from MHDC loans, but if you are within these categories, you may benefit a little more than others:
Clients with little or no money for down payment
First-time homebuyers
Clients who want to buy within the city limit and the house won't qualify for USDA
Clients who wish to use non-owner occupant to help with their debt to income
MHDC home loan income limits are based on the area, what MHDC program you are doing, and the amount of people who are going to be living in the home.
MHDC loan is down payment assistance that goes along with certain loan programs. The minimum down payment depends on the loan program you are doing. MHDC will offer 4% of your loan amount to help you with your down payment.
One of the biggest hurdles for prospective homeowners is finding the right mortgage. And one of the things that can make or break an affordable mortgage is the interest rate. Home loan interest rates can severely impact your long-term costs, so most buyers look for the lowest rates possible. But not every lender or loan is the same. Here’s what you should know so you can get the best mortgage rate and choose the loan type that suits your needs.
When you borrow money to buy a home, you need to repay the institution that lent those funds. But you have to return more than the original amount you borrowed, or the principal. Your lender will also charge you interest on the loan. This is essentially a fee to cover the cost of lending in the first place.
Your lender calculates your mortgage interest as a percentage of your loan. They do this based on a variety of factors, such as your credit score and down payment amount, which can significantly impact how high or low your interest rate will be.
If you make your loan payments according to your amortization schedule, you will fully pay off the loan by the end of its term. However, attractive interest rates may encourage homeowners to consider paying off their mortgage early. And it helps to understand how mortgage interest if that route appeals to you. By making additional payments toward your principal, you can reduce the amount you need to pay interest on, saving you thousands of dollars and shortening your loan term.
Multiple factors contribute to your monthly mortgage payment. By breaking it down, you can better understand principal and interest along with other crucial costs. Some you should know include:
Principal: The principal is the original amount you borrow. A portion of your mortgage payment goes toward it each month, starting out small. As you pay your mortgage, the amount increases, and the portion you put toward interest decreases.
Interest: Interest essentially acts as a fee for taking on the risk of loaning you money. Your interest rate, which is a percentage of your mortgage amount, directly impacts how much you pay in total. A fixed-rate mortgage only has one rate, but adjustable-rate mortgages fluctuate depending on market indexes. Your interest may also compound, meaning interest builds on top of your original loan balance and previously built interest.
Taxes: Some homeowners may pay real estate or property taxes as part of their monthly mortgage payments. The total due splits into monthly payments that you make over the year. Your lender collects them and holds them in escrow until tax time.
Insurance: Certain borrowers may have to pay mortgage insurance in addition to their regular mortgage repayment. This typically applies to borrowers who put less than 20% down, or those with FHA loans.
Term/length: Most mortgages come with 15-, 20-, or 30-year terms. The longer your term/length, the higher your interest rate will probably be. However, since the payments spread out over a longer time, your monthly payments will likely be lower.
Amortization: A mortgage loan comes with an amortization schedule that determines how much you pay per month and the costs that payment covers. A basic mortgage payment goes toward two components: interest and principal. Most of your payment covers interest in the beginning, but as time goes on, the majority shifts to your principal. Homeowners can consult their lender for their amortization schedule and the calculations involved.
There is a wide range of potential borrowers who need loans to buy a home. And each borrower has unique financial needs. Because of this, there are also various types of mortgages available to address those needs. Here are some options you may run into and how interest works with each of them:
Fixed-Rate Mortgages-
Home buyers will typically have to decide between a fixed-rate mortgage and an adjustable-rate mortgage. In the case of a fixed-rate mortgage, your home loan comes with a set interest rate for its entire term. So, the borrower’s repayments of interest and principal stay the same from month to month.
Because of this, borrowers can plan their budget ahead of time without worrying about market changes. As a result, they are a popular mortgage option in the U.S. since they are great for stability. They can also be lower cost if you borrow when interest rates are low. However, when you take out a fixed-rate mortgage you tend to pay higher rates than you would initially with an adjustable-rate mortgage.
Borrowers thinking about a fixed-rate mortgage should know that they:
Come with a locked interest rate so you’ll know what your monthly payments will be. Any changes are usually a reflection of a change in taxes or insurance
Have lifespans of 10 – 30 years (or even 8 years with a Yourgage®)
Often require lower interest rates when the loan term is shorter
Apply more of earlier payments to interest; more goes to the principal as time goes on
Can often be a higher rate than an ARM over time
Are generally good for those who plan to stay in the home long-term
Adjustable-Rate Mortgages (ARMs)-
These are home loans that come with an interest rate that changes over time. Market indexes determine whether the interest rate increases or decreases each time it changes. The frequency of these fluctuations depends on your agreement with your lender.
ARMs usually start out with competitively low interest rates, at least for the initial 5-, 7- or 10- years. However, that period won’t last forever, and the changes can make it difficult to budget. Essentially, you exchange the stability of a fixed-rate mortgage for the potential savings that an ARM can offer.
Borrowers interested in adjustable-rate mortgages should know that:
Monthly payments change over the life of the loan
They typically have caps on how much rate can change
ARMs often charge less during their introductory period compared to fixed-rate mortgages
ARMs use different benchmarks, such as the U.S. Treasury or the secured overnight finance rate (SOFR)
There are different arrangements to choose from, like 5/1 and 5/6 ARMs or 10/1 and 10/6 ARMs
They are often good for those who plan to stay in a home for a few years
Since interest costs on an ARM can drastically increase, make sure you talk to your lender before you agree to one. Ask how the lender determines their interest rate and ensure you are comfortable with that.
Jumbo Mortgage Loans-
You might be looking at properties in some of the more expensive housing markets. In that case, you may need a jumbo loan. Home buyers use jumbo loans when they need a mortgage larger than conventional conforming loan limits allow. That’s why jumbo loans are considered nonconforming; they don’t conform to normal limits.
The baseline limits on conforming loans sit at $726,200 for 2023, as determined by the Federal Housing Finance Agency (FHFA). But limits change from county to county. So, if you find a higher-end property that requires a loan larger than your county limit, you may want to look for a lender that offers jumbo mortgages.
Borrowers interested in jumbo loans should know that they:
Are riskier for mortgage lenders because they can’t be guaranteed by Fannie Mae or Freddie Mac
Have stricter qualification rules
Are for loans over the conforming loan limit
Can be fixed or adjustable
Often come with interest rates slightly higher than other loans
Bills, taxes and other living expenses can stack up, especially as a homeowner. But did you know that it’s possible to use your mortgage to reduce your taxable income? Every year that you pay your mortgage, you can take advantage of the mortgage interest deduction.
Essentially, this tax incentive allows you to count interest paid on your mortgage against your taxable income. As a result, you can lower the overall taxes you owe.
You may need to see what qualifies as mortgage interest for your taxes though. A debt you use to purchase your home may not qualify if it isn’t secured by the home. There are also rules that determine your eligibility. For instance, you cannot deduct mortgage interest if you take the standard deduction. You must itemize your deductions. And it isn’t a dollar-for-dollar reduction. Instead, the mortgage interest deduction depends on your tax bracket.
Mortgage interest can be a significant cost for homeowners in the long run. That’s why it’s vital to explore your options, because it all depends on you. For instance, you may not need a fixed-rate loan if you don’t intend to live on your property long. You can take advantage of the introductory low-interest cost of an ARM instead. Or, you may need to prepare yourself for the possible interest rate on a jumbo loan if you are looking at higher-priced properties.
When funding your mortgage loan, a mortgage lender makes a judgement on your qualifications before taking a calculated risk. In exchange for giving you a mortgage to buy or refinance a home, lenders charge a variety of fees so that they can make money to provide more home financing to others. One of these fees is a mortgage origination fee.
In this post, we’ll go over the origination fee, how to calculate it and when you pay it. We also touch on why they exist, whether all lenders have origination fees and some of the things you have to look out for when comparing the costs charged by various lenders.
A mortgage origination fee is a fee charged by the lender in exchange for processing a loan. It is typically between 0.5% and 1% of the total loan amount. You'll also see other origination charges on your Loan Estimate and Closing Disclosure if there are prepaid interest points associated with getting a particular interest rate.
Also called mortgage points or discount points, prepaid interest points are points paid in exchange for getting a lower interest rate. One point is equal to 1% of the loan amount, but you can buy the points in increments down to 0.125%.
If you're trying to keep closing costs at bay, you can also take a lender credit, which amounts to negative points. Here, you get a slightly higher rate in exchange for lower closing costs. Rather than paying up front, you effectively build some or all costs into the life of the loan.
The origination fee itself can cover a variety of things, some of which may be broken out in your Loan Estimate. It covers things like processing your loan – collecting all the documentation, scheduling appointments and filling out all necessary paperwork – as well as underwriting the loan.
Typically, a loan origination fee is charged as a percentage of the loan amount. Furthermore, lender origination fees are usually anywhere between 0.5% and 1% of the loan amount plus any mortgage points associated with your interest rate.
To put an actual number to that, let’s say a borrower has a $300,000 mortgage approval. The origination fee would be anywhere from $1,500 – $3,000.
Mortgage origination fees are usually paid as part of closing costs. It varies widely depending on the details of the transaction, but closing costs typically range anywhere from 3% – 6% of your loan amount.
Every lender has costs associated with originating a loan. Whether that’s the overhead for their business or paying bankers, underwriters and scheduling appraisals. The goal is always to make enough money to be able to provide loans to help more people with their home financing. Origination fees cover some of these costs.
Not all lenders charge an origination fee, but the majority do as compensation for the services being provided. The origination fee is charged at the discretion of an individual lending institution.
Some lenders make a big deal out of advertising home loans with no origination fee. There’s nothing wrong with this, and it can be good for people who want to save on closing costs. When comparing loan options, you’ll always get a better idea by comparing the APR and. interest rate. If the interest rate isn’t higher, another tactic they might use is to request that fee under a different name than “origination.”
If a mortgage truly has no origination fees, you’ll end up paying a higher interest rate over the course of the loan in most cases. A lender must make money somehow. Depending on how long it takes you to pay off the loan, this could cost you up to tens of thousands of dollars over the life of the mortgage. While you’re saving money up front, it could cost you way more in the long run.
Other Fees That Add Up
It’s important as someone buying or refinancing a home to understand that there are various points at which a fee can be charged. While most mortgage fees not related to the interest rate that you would get are closing costs, there are others. Let’s run through them.
Rate lock: When you lock your rate at a certain level, your lender must hedge against the possibility that interest rates rise in the near future. You pay for this privilege in the form of a rate lock fee. The shorter the rate lock period, the cheaper it will be.
Commitment fees: A lender must set aside funds for a loan in advance of when they actually give it out. In exchange for the guarantee of the loan at some point in the future, they charge a commitment fee. This is a hedge against conditions in the market changing. As long as it was approved, this lets the client get the money as long as they close.
Underwriting or processing fees: If you see an underwriting or processing fee instead of an origination fee, it’s an origination fee masquerading as something different. It’s the charge for the lender processing any provided documentation and making sure you qualify for the loan.
Higher Interest Rates
As mentioned before, if there truly is no origination fee – and for the purposes of this discussion, let’s include fees serving a similar purpose that go by a different name in that category – the lender is likely to make up for it by charging you a higher interest rate to make more money on the back end of the loan.
To help you put some numbers to this, let’s look at an example for a 30-year fixed mortgage on the $300,000 example home. It’s also helpful to know that mortgage closing costs are also often talked about in terms of points. One point is equal to 1% of the loan amount.
With a 20% down payment, your loan amount would be $250,000. First, we’ll look at a rate with one point of closing costs. Perhaps by paying one point at closing, the rate you can get is 3.75% in this hypothetical scenario. You would pay $2,500 upfront and $166,804 in interest over the life of the loan with a $1,157.79 monthly payment.
Now let’s look at that same $250,000 loan with no points paid. Let’s say that rate was 4.5%. Your monthly payment becomes $1,266.71 while paying $206,016.76 in interest. In the second scenario, you end up saving $2,500 upfront, but you also pay more than $39,000 more in interest.
Another thing that’s important to know when you opt for a higher monthly payment is that it will make your debt-to-income ratio (DTI) higher because you’re spending more on a monthly basis to make payments on existing debts. This can impact your ability to qualify for other loans in the future, because DTI is a key metric used by lenders.
You don’t want to take on such a high monthly payment that it’s going to hinder your financial flexibility in the future. If you opt for a no-origination-fee loan, it’ll likely come with a higher interest rate leading to a higher monthly payment. This could push your DTI up significantly.
When lenders are speaking to you about their fees, and in some cases their lack of them, it’s important to figure out what you’ll be paying over the life of the loan and weigh the benefits and downsides of a no origination mortgage. One way to do a quick comparison is to look at the interest rate.
When you shop for different interest rates, there are two interest rates you’ll see. The first one is the interest rate your monthly payment is based upon. The second one is called the annual percentage rate or APR and will be higher. This is your interest rate with closing costs accounted for. When comparing loan options, you’ll always get a better idea by comparing the APR.
Although not every lender charges an origination fee, they typically make up for it by charging a higher interest rate on the loan itself, so always be aware of the upsides and downsides. You may be saving money at closing, but paying more in the long run.
When you receive a home loan, your lender places a mortgage lien on your property to get their owed money if you don’t repay the loan. There are many other types of lien that you may encounter that could impact you and your finances, too. Let’s look at how mortgage liens work and how they can affect your loan.
A lien is a legal right that gives an individual or entity a claim to a collateral property until the outstanding debt is paid off. If the debt goes unpaid, the issuer of the lien has the right to take the property back from the borrower. Although we’re focusing specifically on homes in this article, you could also have a lien on your car or another possession that you pay off over time.
It’s generally considered a negative thing if you have a lien on your home or property. However, lots of people have liens on their homes. In fact, the first type of lien on most houses is actually very helpful: your mortgage.
A mortgage enables you to afford a house over time instead of paying for the entire cost upfront in cash. It gives many of us something to lean on in order to get a permanent place to put our roots down and become part of a community.
When you have a mortgage lien, your house is used as collateral until you pay off the loan. As long as you keep making your payments, the collateral never comes into play.
All liens fall under two fundamental categories: general or specific liens and voluntary or involuntary liens.
General And Specific Liens
A lien can either be general or specific. These two different labels can tell you how a lien will impact you – specifically, the scope of your property it will affect.
A general lien is a claim on all your property assets, including real estate and personal property (e.g., house, bank accounts, cars, etc.). When you owe the IRS taxes, they can apply a claim on all of your property, not just your house, with a general lien.
In contrast, a specific lien is a claim on a particular piece of property or asset. For instance, a specific lien might be incurred when a property owner owes homeowners association (HOA) fees or late mortgage payments on a specific property. A mortgage on a home is an example of a specific lien.
Voluntary And Involuntary Liens
When you have a lien placed on your property, it is also either voluntary or involuntary – meaning you either agreed to it or it was put there against your will.
With a voluntary lien, the property owner gives consent for a claim to be placed on their property by the lender as collateral or security in exchange for repayment. This type of lien allows the lender to repossess the property and sell it if the owner doesn’t repay their debts. One of the most common types of voluntary and specific liens is a mortgage, because a borrower freely enters into it.
An involuntary lien is a claim placed on the property without the owner’s consent. In most cases, involuntary liens happen because of the property owner’s lack of action or inability to pay their debts, such as their mortgage payments or property taxes. A lender can place a claim on the property to warn the owner that they’ll lose legal ownership if the obligations aren't paid.
Beyond mortgages, you usually don’t want any other type of lien on your property. It’s important to know what liens you need to avoid or resolve as quickly as possible. If any debts aren’t satisfied by the time you sell your house, creditors can place liens that will cause trouble later. Let’s look at some common liens you’ll want to stay away from:
Judgment Liens
Judgement liens are intended to compel borrowers to repay a debt. A creditor or an individual may sue you and win a judgment against you in court to gain the right to place a lien on your property until you satisfy the debt.
A default judgement may be placed against you if you fail to appear in court to resolve an owed debt. A deficiency judgement is another type of judgement lien that could be used to seize more of your property if what was already taken is not enough to satisfy an owed debt.
Tax Liens
If you haven’t paid your taxes in a while, the government can also choose to put a lien on your property until you’re current on your payments. There’s an added wrinkle with tax liens.
While most creditors will wait until the property is sold to take a portion of the proceeds to pay off your debt, the IRS has the right to place a levy on your property, meaning they can foreclose on and sell your property, if you continue to fail to make the payments.
Like many others, these liens may also impede your ability to sell a property, and they show up on your credit report. Although it’s probably not going to lead to foreclosure, you can also have a lien placed on your property if you fail to pay local property taxes.
Homeowners Association Liens
If you’re part of an HOA and don’t pay dues, odds are the association will send you letters and assess late payment fees. If that doesn’t work, it may have the power to place a lien on your property based on bylaws or even progress to foreclosure. The association may not want to go this route, though, as it would have to pay the property taxes.
Not only can liens affect the sale of a property, but they can also impact your ability to buy a house or refinance your existing home.
In order to get a new mortgage of any kind, you’ll have to pay off your lien. Depending on the type of loan, this will either have to be paid before the time you apply for a mortgage or at closing. Additional documentation will be required to prove payoff in some cases. The one exception to the above is that certain new FHA loans may be granted if the lien is on a repayment plan. We recommend talking to a lender to see if this applies to you.
In some instances, you may have to reestablish credit for 12 months and have a letter of explanation for all liens and judgments.
Foreclosure
If you have a lien that could eventually turn into a tax or homeowners association foreclosure, it’s important to take care of these items before they get to that point.
If your home does end up going into foreclosure, you usually won’t be able to get another FHA or VA loan for at least 3 years. If you’re looking at conventional loans through Fannie Mae or Freddie Mac, you would have to wait at least 7 years after the foreclosure. You wouldn’t have any mortgage options for the first year after the foreclosure. In any case, this is something you should really try to avoid.
You can’t take care of your liens if you don’t know about them. So, how do you find them? You could start by visiting the website of your county clerk or assessor. Usually, all you need to complete the search is the property owner's name and address. If your county doesn’t make records available online, you could always make a trip to the office and have the staff help you out in person.
You could also consider having a title company complete a title search for you to discover any outstanding liens on the property. You’d usually only do this if you’re ready to get a mortgage, however, since it’s something you’ll have to pay for.
Mortgage liens aren’t always negative for a homeowner. In some cases, a lien is simply a claim to a property or asset as a way for a lender to protect themselves and regain some of their losses if the borrower doesn’t repay their debts. A mortgage on a home is a good example of this. However, some mortgage liens can impact your credit score or even enable a lender to seize your property, so it’s important to talk to your lender if you have concerns and get them cleared as soon as possible.
For many homeowners, the concept of a “prepayment penalty” is odd. Why should you be penalized for paying a loan early? Well, that’s the thing about mortgage loans: Many of them surprisingly come with prepayment penalties, which limit your flexibility and can take a bite out of your wallet – just for trying to do the right thing for your finances. There’s a good reason why lenders might not want you to pay the mortgage off early, and we’ll get to that soon.
When you’re looking at home loans and deciding what type of mortgage is best for you, you should watch for prepayment penalties. They’re sometimes hidden in mortgage contracts, which can make them easy to overlook.. By learning about penalties now, you can approach your mortgage search and eventual contract armed with more knowledge and strategies for finding the best mortgage lender to fit your needs.
A mortgage prepayment penalty is a fee that some lenders charge when you pay all or part of your mortgage loan off early. The penalty fee is an incentive for borrowers to pay back their principal slowly over a longer term, allowing mortgage lenders to collect interest.
Note that it doesn’t normally kick in when you make a few extra payments here and there to pay your principal off sooner, or make principal-only payments. Most mortgage lenders allow borrowers to pay off up to 20% of the loan balance each year. Instead, a mortgage prepayment penalty typically applies in situations such as refinancing, selling or otherwise paying off large amounts of a loan.
Typically, you might think a person or organization that loans money wants it repaid as soon as possible. But here is why mortgage lenders don’t.
The first few years of a loan term are riskier for the lender than the borrower. That’s because most borrowers haven’t put down a significant amount of money when compared to the value of the house. That’s why lenders charge you “interest,” which is protection from a financial loss. If you pay the loan off right away, they lose out on all those interest fees which were included in the loan as an incentive to them to give you, the borrower, a loan.
That’s why many lenders include the mortgage penalty in the first place – they offer it as a way to market lower interest rates, knowing that they will make up the difference over the life of the loan, or in receiving a prepayment penalty should you pay off the mortgage before they have recouped their costs.
As with any financial contract, you should read the fine print. In this case, you’ll want to find out if there is a prepayment penalty clause in your mortgage contract and how to interpret the consequences of triggering the fee.
The good news is that the law requires lenders to disclose prepayment penalties, along with monthly fees and other loan details. As mentioned, you’ll want to read the “fine print” – in this case, the loan estimate or the paperwork that you’ll sign at closing, where you’ll find it mentioned prominently in the addendums and/or disclosure documents with all the other terms of your mortgage loan.
It’s perfectly fine to ask your lender if they charge a prepayment penalty; if they do, ask them to show where in the paperwork you would find the details. If you already have a loan, you can look at your monthly billing statement, as it should be outlined in there.
There are some instances where prepayment penalties are illegal. These include:
Federal Housing Administration (FHA) loans
Department of Veterans Affairs (VA) loans
United States Department of Agriculture (USDA) loans
Student loans or personal loans (It’s true that these loans aren’t mortgages, but it’s still good bonus info to know.)
First, it’s important to know that there are two different kinds of prepayment penalties:
A soft prepay penalty allows you to sell your home without invoking the penalty, so it would apply if you refinanced or just paid off a big chunk during the early years of the loan.
A hard prepay penalty would apply in the above circumstances, plus if you sold the home.
Penalties usually cover the first few years of a loan, because, as we mentioned, those are the riskiest for the lender. So if you refinance early on, you’ll trigger the prepayment penalty. The amount of the fee will differ based on the type of mortgage penalty fee you have.See the above models for an example of what that could be.
As you’re reading through your Loan Estimate and contract, be aware of the type of prepayment penalty that comes with your loan, just in case something happens and you decide to refinance and/or sell. If you’re unsure, ask your mortgage lender before signing the papers and ask them to walk you through the math as it applies to your type of prepayment penalty, your loan amount, your amortization and your interest rate.
No one wants to pay for something extra, especially when they think they are doing something that’s smart for their financial situation. Here are some things to consider before signing:
Run All The Numbers
Even if you don’t think you’re going to ever trigger the penalty, it’s a good idea to know the costs, just in case. In fact, it might make the difference between choosing a loan with a prepayment penalty and one without, if the costs are egregious.
Find out the type of prepayment penalty that comes with your mortgage and compare the cost of staying in your current loan past the penalty date with the cost of paying it off early and invoking the penalty. Each home buyer must consider which route feels best for their personal financial situation.
Should I Sign?
While anything can happen and you can never be 100% certain you won’t sell or refinance your house, these questions can help you determine the likelihood:
Are you planning on selling or refinancing your home relatively soon?
If you know you’re going to be in one place for a length of time (as far as anyone can be certain, of course), the penalty might not ever affect you. And if you already have a rock-bottom interest rate, you’re unlikely to be refinancing.
How important is it to you to have the ability to pay early?
If having long-term debt and the associated monthly payments is too anxiety-inducing, you might want to consider mortgage lenders who don’t charge a prepayment penalty, just in case you come into a windfall and want to pay it all off. You might also choose to refinance your mortgage in the future to consolidate debt. Just remember you also will miss out on the mortgage interest deduction if you do so, so again, it’s important to weigh all financial factors.
Prepare To Negotiate
If you decide to stick with your lender and the mortgage with the penalty, you can try to negotiate a lower fee. After all, even if you plan on staying in your new home for many years, it may be worth it to try negotiating to mitigate your risks in case something changes.
You can always try to negotiate having it removed from the contract; ask your lender if they will waive the fee. If they agree (which is unlikely but always worth a try), make sure you have it in writing. You can also ask your lender for a quote without the penalty, but remember that might increase your interest rate.
And finally, you can look for mortgage lenders that don’t use mortgage prepayment penalties, since that’s one less thing to worry about over the long run.
It is important to understand and think about prepayment penalties before you choose a mortgage option that's best for you. Always verify with your lender if you are unsure whether there's a penalty for prepayment on your mortgage loan.
