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How to Structure, Appraise and Value a Real Estate Mortgage Note

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Five Key Factors that Impact Risk, Value and Income

What is a real estate mortgage note?
Legally speaking, a mortgage note is two legal documents: 1) A promissory note, and 2) An encumbrance or lien recorded against real estate. But, based on every day conversational usage, most people, lawyers excepted, think of it a one document. To be technically correct in this discussion we will deal with the two separate documents-the promissory note and the mortgage or deed of trust.

To determine the best way to structure a real estate mortgage note we must first consider our goal or our purpose. Remember, we are discussing a “financial instrument” an “investment instrument”. The function of a financial investment is to generate income/cash-flow at the highest rate possible rate commensurate with the risks involved. We will assume the investing goal provides at least a market rate of income, recognizing the risks involved.

5 Key Factors Impacting the Fair Market Value of a Real Estate Mortgage Note

1. Borrower/Debtor
2. Interest Rate
3. Payments & Terms
4. Collateral Security
5. Document Language

Borrower/Debtor
Always deal with a borrower that has good credit. A person’s FICO (credit score) shows how reliable they are in paying off debts-keeping their promises. Avoid buyers who object to having their credit history pulled; there is a reason they want it kept confidential. Don’t take their word for their past paying history, do a credit check.

Interest Rate
The interest rate should be reasonable and fair to both parties; it should reflect the market rate for the mortgage loan with an appropriate adjustment for risk factors. Over charging can lead to hard feelings, inability to make the payments and possibly violating the usury laws of the state. Undercharging devalues the loan and renders it a poor investment.

Payments & Term
The periodic payment should be within the budget of the borrower; the payments should be monthly; the term of the loan should be less than five years, three years is better; avoid making long-term loans. A note with a 3-year term is more valuable than one with a 15-year term. The longer-term notes are discounted much more to account for the longer waiting period.

Collateral Security
Obtain a substantial down payment; keep the loan balance at or below 75% of the value of the collateral real estate. The down payment amount reflects on a borrower’s financial stability. The higher the loan-to-value (LTV), the more risk there is to the investor. Use real estate as the collateral security backing-up the bower’s promise to repay. Be certain to evaluate the condition and location of the property used as security. The mortgage or deed of trust documents collateralizing the promissory note should be recorded in first position; it should be a first position mortgage loan.

If you are structuring a business promissory note, its value will be much greater and it will have less risk if the real estate of the business is part of the note’s collateral security. This means that companies that lease property face bigger financing discounts, unless other real estate is used as security.

Documents and Language
Preparing the mortgage loan documents yourself is high risk folly; it may seem simple and easy to do, but it is not either if it is done correctly; you may save some money on the front end, but you will give the savings back plus way more on the back end. On the internet you will find hundreds of ads and offers proclaiming “free promissory note forms”, “free tips”, and the answers to legal questions “free”. Don’t take the bait! Only an experienced promissory note specialist who really understands the legal and practical meaning of the terms and conditions can keep you safe; each state has different laws and customs. There are state laws and federal laws to be considered.

What Happens During A Foreclosure Process

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The word foreclosure strikes fear deep in the core of so many people it has been given the same status as a swear word in some countries. You must not even bring it up unless you would like to feel the pent up anger and resentment of the general population against the greedy financial institutions that caused the collapse of real estate market.

A foreclosure is when the financial institution that lentthe homeowner themoney to purchase a home takes court action against the homeowner to take the house and sell it to another person.

The homeowner does have rights to be able to make amends and pay back the debt to keep the house. The lender in wanting to repossess the

house tries to take action to stop the homeowner from being able to redeem his property. This all occurs when the homeowner stops making the monthly payments owed to the lendor. It can do untold damage to your FICO score (credit rating) and is usually a very long drawn out process.

Losing your home is a very emotional and stressful time for the homeowner.

Two kinds of foreclosure procedures types typically run in the USA, they are the most popular.A “Judicial Foreclosure” is 1 such way to foreclose.

This is when the lender takes the property andsells it. The courts oversee this process carefully. Excess cash made from reselling the property is redistributed to pay off the loan capital and the foreclosure fees.

Any monies left over is then used to pay off other lien holders.

The other most popular used process is called a “Foreclosure by Power of Sale”. This type of process may be implemented without any problem only if the original mortgage contracts between the lender and the borrower contains such clauses to permit it or if a “Deed of Trust” was involved. This entails that the sale of the property has to be undergone by the home-owner.

There are no courts involved and most of the time it usually is faster than selling by the first process. There are other ways of going about foreclosing but they’re not usually used because of their limitations.

Keeping up with your monthly payments will keep you from getting into this situation. But with the state of affairs in the economies of the world lately, many people have found that it has been inevitable for them. Although, you do not have to necessarily throw in the towel when you get confronted with that dreadful notice. Employing the services of a professional who is a true expert in this type of real estate transactions and foreclosures is very, very important in protecting you.

Also, don’t feel intimidated to go and talk to your lender. Many legal mortgage lenders are more than willing to meet the home-owner halfway and work out more lenient installments for a short period (like a year) provided that the owner comes to them early and is willing to sit down and talk candidly with them. Many government credit rehabilitation programs have been created to assist in any way possible in saving homes from the traumatic process that is involved during any foreclosure of a property.

Kentucky Mortgage Usda Loan Zero Down Home Loans Still Exist

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Kentucky Mortgage USDA Loan Requirements

What are the Kentucky USDA Mortgage Loan Requirements?

To decide if you qualify for an USDA Mortgage Loan, we will look at:

“Your income and your monthly expenses. Standard debt-to-income ratios are 29/41 for USDA Loans. These ratios may be exceeded with compensation factors.

“Your credit history (this is important, but USDA”s credit standards are flexible). A FICO score of 620 or above is required for all loans

“Your overall pattern rather than to individual problems you may have had.

To be eligible for an USDA mortgage, your monthly housing costs (mortgage principal and interest, property taxes and insurance) must meet a specified percentage of your gross monthly income (29% ratio). Your credit background will be fairly considered. At least a 620 FICO credit score is required to obtain an USDA approval through Lending. You must also have enough income to pay your housing costs plus all additional monthly debt (41% ratio). These percentages may be exceeded with compensating factors. Applicants for loans may have an income of up to 115% of the median income for the area. Maximum USDA Loan income limits for your area can be found at here. Families must be without adequate housing, but be able to afford the mortgage payments, including taxes and insurance.

Can I get an USDA Mortgage Loan after bankruptcy?

Criteria for USDA loan approvals state that if you have been discharged from a Chapter 7 bankruptcy for three years or more, you are eligible to apply for an USDA mortgage. If you are in a Chapter 13 bankruptcy and have made all court approved payments on time and as agreed for at least one year, you are also eligible to make an Kentucky USDA loan application.

What are the USDA Down Payment Requirements?

USDA Mortgages have no down payment requirement. Other loan programs don”t allow this.

What types of property are eligible?

While USDA Mortgage Guidelines do require that the property be Owner Occupied (OO), they do allow you to purchase condos, planned unit developments, manufactured homes, and single family residences.

What is the maximum amount that I can borrow?

The maximum amount for an Kentucky USDA Mortgage Loans are determined by:

Maximum loan amount: The is no set maximum loan amount allowed for an USDA Mortgage. Instead, your debt-to-income ratios will dictate how much home your can afford (29/41 ratios). Additionally, your total household monthly income must be within USDA allowed maximum income limits for your area. Maximum USDA Loan income limits for your area can be found at here.

Maximum financing: The maximum USDA Mortgage amount will be 100% of the appraised value of the home.

What kinds of loans does USDA offer?

Fixed rate loans – All USDA loans are fixed-rate mortgages. In a fixed rate mortgage, your interest rate stays the same during the whole loan period, normally 30 years. The advantage of a fixed-rate mortgage is that you always know exactly how much your monthly payment will be, and you can plan for it.

What is Considered a Rural Area by the USDA?

Rural areas include open country and places with population of 10,000 or less and””under certain conditions””towns and cities. There is an automated rural area eligibility calculator at:http://eligibility.sc.egov.usda.gov.

Kentucky USDA Loans

What are USDA Home Loans?

USDA stands for United States Department of Agriculture. A USDA Mortgage provides a low-cost insured home mortgage loan that suits a variety of options. A USDA mortgage is likely the best home loan option if you want to purchase a home with no down payment. If you”re unsure about your credit rating, or have concerns about a down payment when you”re doing a home loan comparison, ENG Lending”s USDA Rural Mortgage Loans can give you piece of mind with zero-down, super low closing costs and no monthly mortgage insurance.

What Types of Loans does USDA offer in Kentucky?

Currently, there are two kinds of USDA Home Loans available in Kentucky for single family households:

USDA Guaranteed Rural Housing Loans

USDA Guaranteed Home Mortgage Loans are the most common type of USDA Loanin Kentucky and allow for higher income limits and 100% financing for home purchases. USDA Guaranteed Loan applicants may have an income of up to 115% of the median household income for the area. Area income limits for this program can be viewed here. All USDA Guaranteed Loans carry 30 year terms and are set at a fixed rate.

USDA Direct Rural Housing Loans

USDA Direct Housing Loans are less common than USDA Guaranteed Loans and are only available for low and very low income households to obtain homeownership, as defined by the USDA. Very low income is defined as below 50 percent of the area median income (AMI); low income is between 50 and 80 percent of AMI; moderate income is 80 to 100 percent of AMI. Click here to see area income limits for this program.

What factors determine if I am eligible for a USDA Loan in Kentucky?

To be eligible for A USDA Rural Loan in Kentucky, your monthly housing costs (mortgage principal and interest, property taxes, and insurance) must meet a specified percentage of your gross monthly income (29% ratio). Your credit background will be fairly considered. A 620 FICO credit score is required to obtain a USDA Rural Housing Loan approval through ENG Lending. You must also have enough income to pay your housing costs plus all additional monthly debt (41% ratio). These ratios can be exceeded somewhat with compensating factors. Applicants for loans may have an income of up to 115% of the median income for the area. Maximum USDA Guaranteed Loan income limits for your area can be found at here. Maximum USDA Direct Loan income limits for your area can be found at here. Families must be without adequate housing, but be able to afford the mortgage payments, including taxes and insurance.

What is the maximum amount that I can borrow?

The maximum amount for an USDA home loan is determined by:

Maximum Loan Amount: The is no set maximum loan amount allowed for USDA Rural Home Loans. Instead, your debt-to-income ratios will dictate how much home your can afford (29/41 ratios). Additionally, your total household monthly income must be within USDA allowed maximum income limits for your area. Maximum USDA Guaranteed Loan income limits for your area can be found at here.

Maximum financing: The maximum USDA Rural Development Loan amount is 102% of the appraised value of the home (100% plus the 2% USDA RD Loan guarantee fee).

How much money will I need for the down payment and closing costs?

USDA Rural Development Mortgage Loans require no down payment and they allow for the closing costs to be included in the loan amount (appraisal permitting).

What property types are allowed for USDA Rural Loan Mortgages?

While USDA Mortgage Guidelines do require that the property be Owner Occupied (OO), they do allow you to purchase condos, planned unit developments, manufactured homes, and single family residences.

Additional offers from other lenders.

Kentucky USDA Loan Adjusted Maximum Income Limits by County

verything You Need To Know About USDA-Rural Home Loans

I have put together valuable information and tools to help you gather all of the information that you need to make the most informed decision when shopping for a mortgage. Sometimes the USDA Home Loan Program is not the best option for a Zero Down Purchase. .

Sometimes good credit and a down payment are not enough to qualify for a home loan at a commercial lending institution, such as a bank, savings and loan or with a mortgage broker. That is why the U.S. Department of Housing and Urban Development has provided a loan program that allows more rural families and individuals to be eligible to become homeowners with the help of a USDA guaranteed home loan. The USDA loan program allows:

– 620 min credit score

– Up to 6% seller contributions

– No PMI (private mortgage insurance)

– Zero Down

However, the USDA-RD loan program DOES have 2 main qualifying features:

(1) Eligibility is region or location specific CLICK HERE http://eligibility.sc.egov.usda.gov/eligibility/welcomeAction.do?pageAction=sfp&NavKey=property@11 to check if an address is USDA Eligible.

(2) Eligibility is income specific. Qualifying income is based on household members and a max income cap. CLICK HERE http://eligibility.sc.egov.usda.gov/eligibility/incomeEligibilityAction.do?pageAction=state&NavKey=income@11 to see if you qualify under the max income cap.