New England Properties

Frequently Asked Question: I Was Turned Down for a Mortgage Last Year. Was it in Violation of the Fair Credit Reporting Act (FCRA)?

Frequently Asked Question: I Was Turned Down for a Mortgage Last Year. Was it in Violation of the Fair Credit Reporting Act (FCRA)?

Q: I was turn down for a loan last year because I was told I already had 4 mortgage loans. I had 3 houses with a 1st mortgage and a house with a second. I was told that Fannie Mae and Freddie Mac set rules and regulations that you can't have more than 4 loans or mortgages. Do these rules and regulations overrule the Fair Credit Reporting Act (FCRA) or all the other Acts passed by Congress?

A: The fact that you were turned down for another mortgage because you had 4 mortgage loans has nothing to do with the Fair Credit Reporting Act (FCRA) or any other law, rule or regulation currently in force. Fannie Mae and Freddie Mac are free to impose whatever requirements they want (so long as they are not in violation of law).

You probably applied for a mortgage at a time when the maximum number of mortgages you could have was more restrictive than it is now. The decision not to grant you another mortgage is based on risk - real or perceived.

Recently, Fannie Mae and Freddie Mac have relaxed their rules and now will allow you to have up to 10 mortgages. However, just because you can have 10 mortgages doesn't mean you'll be approved for 10 mortgages. Among factors that are taken into consideration are income, credit scores, amount of down payment and/or amount of equity in one or more homes, your experience in managing rental properties, and net worth.

If you are still interested in pursuing the purchase and financing of one or more properties, you should speak with a mortgage lender / broker in your area to determine whether or not you are eligible for consideration.

 

Lew Corcoran
Licensed Real Estate Professional

Best Choice Real Estate Services
133 Turnpike St, South Easton, MA 02375
Phone Toll-Free: (800) 984-3341

Serving Easton MA and the Surrounding Area

 

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Homes for Sale | Homes for Rent

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2 commentsLew Corcoran • January 09 2010 06:06AM

Before You Advise Your Clients Rent Their Current Home And Buy Another One, You Need To Know This!

Here's an excellent article of the things you should be aware of before you decide to rent out your current home and buy another home.

Via Phil Caulfield Jumbo Loan California DRE #01030082 (RMC Real Estate Loans - Jumbo, Construction, Private Money):

When someone buys a home before selling their current home, they may have a problem: if they have a mortgage on the old home, that debt is included in their debt-to-income ratio.

In the old days (pre-2008), home buyers who did not sell their home first had at least a couple of ways to offset their mortgage debt.

Some lenders would accept the income reported on a rent survey prepared by a licensed appraiser. Other lenders would accept a rental agreement.

The lender would subtract 25% of the income obtained by either of these methods off the top to account for expenses and vacancy. They would then subtract out the PITI (principal, interest, taxes, and insurance). If there was a positive balance left after this calculation, it was added to the homebuyer's income. If there was a negative balance, it was added to their debts.

http://freedigitalphotos.net

Most lenders still use this method to calculate the positive income or negative debt. Now, however, there is a twist. You need to be concerned with the amount of equity in the old property. In addition, more documentation is required for rental income to be included. 

Fannie Mae now requires the following documentation to use rental income from a primary residence converted into a rental property:

 

  • An executed lease agreement
  • receipt from the tenant of a security deposit
  • supporting documentation of deposit of the security deposit into the homebuyer's account
These documents seem to make sense. However, what happens if the sale falls apart? Hopefully the rental agreement has a contingency for this so the homebuyer doesn't have to move out if his purchase doesn't happen.

Here is the part that has changed that really can be the deal-killer, especially in this market: the homebuyer must have 30% equity in their current home in order to use the rental income. If they do not have 30% equity, even if they have satisfied the conditions above, they must include the PITI on the old home as a debt with no rental offset!

screwed

Why, you may ask, is 30% equity required to use the rental income? Fannie Mae is worried about buying and bailing. Buying and bailing means buying a new home while your credit is good, and then walking away from the loan on the old home.

My guess is that Fannie Mae has an interest in such a large percentage of homes, this is how they keep people in the homes with a low percentage of equity. If they can't qualify, they are less likely to bail!

Fannie Mae now requires an appraisal on the current home that is no more than 60 days old at closing to determine if the homebuyer has 30% equity in the current home.

It's critically important for both loan originators and real estate agents to stay on top of current guidelines. By the way, did you know that starting on December 12th (tomorrow) Fannie Mae is reducing their maximum debt ratio from 55% to 45%?

 

 

Lew Corcoran
Licensed Real Estate Professional

Best Choice Real Estate Services
133 Turnpike St, South Easton, MA 02375
Phone Toll-Free: (800) 984-3341

Serving Easton MA and the Surrounding Area

 

Search the MLS for:

Homes for Sale | Homes for Rent

Short Sales (Pre-Foreclosures)

Government and Bank Foreclosed Homes for Sale

Learn how to Avoid Foreclosure with Home Rescue Plans

Get the latest Easton MA Real Estate Market News

0 commentsLew Corcoran • December 12 2009 06:31AM