August 22, 2016 By

Q&A: Getting a new mortgage after a foreclosure

Dear Liz: Is it true that we can’t refinance our home until seven years after a foreclosure? We lost a rental property six years ago. Our credit scores now are in the 740 range, and we are anxious to take advantage of lower rates since our mortgage rate is 5.75%. Other than the foreclosure, our credit is perfect.

Answer: As foreclosures surged, the agencies that buy most mortgages increased the amount of time troubled borrowers had to spend in the “penalty box” before being allowed another mortgage.

Fannie Mae and Freddie Mac still have a seven-year waiting period after foreclosures. But that has been shortened to three years when borrowers can prove “extenuating circumstances,” such as a prolonged job loss or big medical expenses. Waiting times for other negative events, such as bankruptcy or short sale, have been reduced to two years with extenuating circumstances. Otherwise, it’s four years.

There are other loan programs that are even more forgiving. For example, the FHA has a three-year waiting period that can be shortened to one year if borrowers participate in its “Back to Work” program, which requires they document a significant loss of household income, that their finances have fully recovered from the event and that they’ve completed housing counseling. The Veterans Administration, meanwhile, makes loans available one to two years after foreclosure.

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August 19, 2016 By

Friday’s need-to-know money news

155403-425x282-Mortgage-LateToday’s top story: Bouncing back after foreclosure. Also in the news: How to piece together the perfect bank, handling the financial consequences of millennials living at home, and a parents guide to insurance for college students.

How to Bounce Back After Foreclosure
Getting through a trying time.

How to Piece Together the Perfect Bank
Ticking all the boxes.

How to Handle the Financial Consequences of Millennials Living at Home
Don’t sacrifice your retirement.

A parents guide to insurance for college students
Evaluating your insurance needs as your child goes to college.

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August 8, 2016 By

Monday’s need-to-know money news

Snip20160808_4Today’s top story: How not to pick a bank. Also in the news: bank accounts that foster independence for disabled people, how to pick the right college to avoid student debt, and newly updated government rules to help homeowners facing foreclosure.

How Not to Pick a Bank
Forget about the free toaster.

ABLE Accounts Help Foster Independence for Disabled People
Building financial independence.

Pick the Right College to Avoid Student Debt
Looking at college as an investment.

The Government Updated Its Rules to Help Homeowners Facing Foreclosure
What’s new from the Consumer Financial Protection Bureau.

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May 26, 2014 By

Q&A: An offer of “help”

Dear Liz: My husband and I lost our home because of unemployment and being underwater (the value of the house was less than the mortgage). We now both are working full time and saving to buy another home. My father-in-law offered to help us by selling us a rental he owns and giving us a loan for $150,000. We also would have to get another loan of about $100,000.

In addition to paying him principal and interest, my father-in-law also wants us to pay the $900 rent he was getting for the home. Please advise us if you think this is a good arrangement. Is it fair for him to ask for the rental money too?

Answer: Of course not. He’s essentially asking you to pay for the property twice.

Most parents instinctively want to give their offspring a better deal than they would give a stranger. Your husband’s father is the exception — he’s asking you to agree to a deal that no stranger would consider.

Given this man’s inclination, you probably don’t want him as your banker or your landlord, let alone both. Keep saving your money and improving your credit scores so you can swing a home purchase on your own.

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January 7, 2014 By

Explore other options before foreclosure

Dear Liz: Two years ago we moved to another state. Our old house hasn’t sold in that time, as the housing market there is terrible. We have it listed for $255,000 and owe $242,000. A recent appraisal came back at $190,000 to $205,000 despite the fact that it’s in good condition and only 11 years old. We were thinking we should do a mortgage release on the property to get rid of it as we just can’t keep up the mortgage payments any longer. We didn’t think a short sale would work because there’s been no interest yet on the property. Any suggestions?

Answer: What you’re calling a “mortgage release” is actually a foreclosure, and it would devastate your credit for years to come. That may turn out to be the best of bad options, but explore others first.

Perhaps there’s been no interest in your property because the asking price is too high. Talk to a real estate agent with experience in short sales about what listing price is likely to generate offers. A short sale would hurt your credit scores, although perhaps less severely than a foreclosure if you can persuade the lender not to report the deficiency balance (the difference between what you owe on the mortgage and the sale price). The advantage of a short sale is that you’d spend less time in mortgage lenders’ “penalty box” and may qualify for another loan within two years.

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December 19, 2013 By

Does mortgage servicer Ocwen owe you money?

ForeclosureMortgage servicer Ocwen was ordered today to cut clients’ loan balances by $2 billion and refund $125 million to the nearly 185,000 borrowers who have already been foreclosed.

Ocwen is the country’s largest non-bank mortgage service company according to the Consumer Financial Protection Bureau, which filed the proposed court order along with regulatory authorities in 49 states and the District of Columbia. Mortgage servicers collect payments from borrowers and forward the money to the owners of the loans. Servicers also handle loan defaults and foreclosures.

The CFPB blasted “Ocwen’s systemic misconduct at every stage of the mortgage servicing process,” saying it took advantage of homeowners by charging unauthorized fees, improperly denying loan modifications and engaging in illegal foreclosure practices.

“Deceptions and shortcuts in mortgage servicing will not be tolerated,” CFPB Director Richard Cordray said in a press release. “Ocwen took advantage of borrowers at every stage of the process. Today’s action sends a clear message that we will be vigilant about making sure that consumers are treated with the respect, dignity, and fairness they deserve.”

The settlement administrator will contact eligible homeowners with a notice letter and claim form. You’ll find the CFPB’s explainer here.

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July 23, 2012 By

Short sales, foreclosures have similar effect on credit scores

Dear Liz: I went through a divorce in the last year after being separated for two years. During our separation, we closed credit cards with high balances to make sure neither party would spend more on credit. We also had to short sell our home. So, as a single woman in her mid-30s, I have credit that’s somewhat shot for now. How many months should I expect the short sale to affect my credit scores? And was closing the credit card accounts good or bad for my credit?

Answer: Closing credit accounts can’t help your credit scores and may hurt them. In a divorce, however, it’s usually wise to close all joint accounts. Otherwise, your credit rating is in the hands of your ex-spouse, who could trash your scores by paying accounts late or maxing out credit lines.

In any case, the short sale probably had a much greater effect on your credit than the account closures. Short sales typically damage your credit as much as a foreclosure, according to the company that created the leading FICO credit score. Recovery times are measured in years, not months. If your scores weren’t that high to begin with — say 680 in the 300-to-850 FICO scale — it would take about three years for your numbers to return to their old levels. If your scores were high, say 780, it would take about seven years to restore them to their old peaks.

These recovery times assume you handle credit responsibly from now on. That means having and lightly using a credit card or two, making all payments on time and ensuring no account goes to collections.

Filed Under: Credit & Debt, Credit Scoring, Divorce & Money, Q&A, Real Estate Tagged With: , , , , , , , , ,
April 10, 2012 By

Regulator targets mortgage servicers

The Consumer Financial Protection Bureau wants to “whip the mortgage servicing industry into shape,” as this post on The Consumerist puts it, and such action is long overdue. Mortgage servicers have been the choke point in the mortgage mess, often costing people their homes because of their inefficiency, inaction and indifference. The CFPB wants to increase transparency and accountability among servicers, which take people’s mortgage payments and pass them along, minus a small cut, to the loans’ owners. Here’s how CFPB head Richard Cordray put it in a speech today to Operation HOPE:

“This industry has never had a requirement, or a strong incentive, to meet the needs of consumers.  Even before the crisis, there were already problems with bad practices and sloppy recordkeeping. When the financial crisis hit, however, things got much worse…And instead of investing in new personnel and processes, too many mortgage servicers took short-cuts that made things far worse for homeowners in trouble.

…

Picture every bad customer service experience you have ever had: calls going unanswered, glacially slow processes, mistakes made and not fixed, a kaleidoscopic cast of human beings who never seem to deal with you more than once, your paperwork submitted and lost repeatedly.  Now, multiply that mountain of frustration exponentially, and you can begin to get an inkling of the scope of the problems that Americans face:  house by house, neighborhood by neighborhood, and community by community.

…

And it is not just consumers who suffer.  Mortgage investors do not benefit from a broken system where servicers do not fulfill their obligations or make reasonable efforts to mitigate losses.  And this failed business model widened the pain of the housing crisis and destroyed an incalculable measure of consumer trust in financial businesses, perhaps in a lasting way.”

Cordray points out that consumers have absolutely no control over which company winds up servicing their loans and can’t walk away from bad service. He quotes Abraham Lincoln, who said, “The legitimate object of government is to do for a community of people whatever they need to have done but cannot do at all or cannot do so well for themselves in their separate and individual capacities.”

Like everyone else who’s covered the mortgage industry, I’ve heard horror story after horror story from people given the runaround by their mortgage servicers. People have lost their homes, and investors have suffered far worse losses than necessary, because the servicing industry is so messed up.

The CFPB’s proposed rules won’t give people back the homes they’ve already lost, but it could prevent needless foreclosures in the future.

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April 9, 2012 By

Reluctant lender blocks quick foreclosure solution

Dear Liz: Is there any way to expedite the foreclosure process? My wife bought a townhome shortly before we were married. Long story short, it didn’t fit our family once we got married and had a baby. We bought a larger house and tried renting the townhome but couldn’t cover the mortgage payment. We attempted a short sale, but the bank refused a good offer, so we let it go into default. We even offered to do a deed in lieu of foreclosure, but the bank refused unless we provided financial information for me, too. Since I’m not named on the mortgage and wasn’t even around when she got the loan, I refused. We’ve mentally and financially prepared for foreclosure and now just want the process complete. The bank, though, doesn’t seem to be in any kind of hurry. The process is now entering the third year with no action on their part, and we haven’t even been to the property in well over a year. We’ve told them expressly that we aren’t fighting them on the foreclosure. At this point we just want to move on.

Answer: Offering a deed in lieu of foreclosure — in which your wife hands over the keys in return for being released from the loan — was probably your best bet to speed things along. If you don’t want to provide the financial information the mortgage company is requesting, you’re stuck with waiting this out.

It’s unfortunate, because many lenders prefer deeds in lieu as a cheaper, faster way to get control of properties they’re going to wind up with anyway. The idea is that the homes probably will be in better condition than if an angry borrower or squatter trashes them, plus the costs of formal foreclosures are avoided. As foreclosure times have lengthened, some lenders have even sent out letters to underwater homeowners in default urging them to consider a deed in lieu transfer.

One thing you should investigate is whether the lender can come after your wife for a “deficiency judgment.” If it is allowed in your state, your wife could be liable for any leftover debt that isn’t paid off with a foreclosure sale. Talk to an attorney familiar with credit and foreclosure laws in your state.

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April 9, 2012 By

Finding an apartment after foreclosure

Dear Liz: My wife and I went through a foreclosure last year and need to rent an apartment. We have no credit card debt and over $30,000 in savings on an income of $75,000. We know that our credit will be an issue on apartment applications because of the foreclosure. What can we do to improve our chances of getting a decent apartment in a safe neighborhood?

Answer: Although foreclosures may not carry the same stigma they did before the real estate bubble burst, they still wreak havoc on your credit scores. Your scores will need three to seven years to completely recover, and that’s if you inflict no further damage. Paying your bills on time and using credit responsibly will help you rehabilitate those numbers.

In the meantime, you can increase your odds of finding a good place by looking for mom-and-pop landlords, rather than applying at apartments managed by huge corporations. The big companies usually rely on credit scores to screen out applicants, while a smaller landlord may be more flexible. Offering to make a bigger deposit or to pay several months’ rent in advance might help persuade them, said Stephen Elizas, author of “The Foreclosure Survival Guide.”

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