Time to Refinance?

Is it time to refinance your mortgage?  Probably!

The rate on a 30-Year Mortgage has steadily dropped from already low rates. Although rates can vary by region and lender, the national average has dropped from  nearly 4.5% to under 3.5% over the last 6 months.

The drop in mortgage rates corresponds with a recent drop in the 10-Year Treasury Bond.  The market for these bonds does not directly effect mortgage rates, but it is good indicator of their direction.  In fact, movement of the 10-Year Treasury Bonds almost exactly mirrors movement of 30-Year Mortgage rates over the past 5 years:

As of February 24, 2020, the yield on the 10-Year Treasury bonds were near record lows.

Does this suggest record low mortgage rates?

Yes!  The current mortgage rates are already near record lows.

Will mortgages rates drop further (don’t they drop when the bonds drop)?

Not Necessarily.  Mortgage rates are not directly effected by bond rates — there are many factors that determine mortgage rates.  And, a drop in bond rates may reflect market conditions that are already “baked in” to current mortgage rates.

The recent precipitous drop in bonds may be largely a reaction to the coronavirus, and fears of its effects on the global economy.  Yet, those fears and the current bond yields at least hint at a continuation of low rates, if not a drop in rates.

Disclaimer – if we could predict where mortgage rates will go, we would be on a tropical beach, not writing this blog.  Rates could go up or down. Mortgage rates are already CRAZY LOW and its probably time to refinance if you haven’t already!

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Social Security Number Information Breach

State of Wisconsin Accidentally Releases Social Security Numbers

Many Wisconsin residents who sold their homes last year are receiving ominous looking letters from the Wisconsin Department of Revenue (DOR). The letters warn that the DOR is “taking precautions to protect confidential information pertaining to your 2011 real estate sale.” Specifically, the state inadvertently included social security numbers in sales data that is routinely posted on their website. This data is intended for use by appraisers and Realtors to track property sales and values. The information remained on the site from April 5 through July 23, 2012 and only related to 2011 real estate sales.

The data was included in an embedded file (it was not readily apparent or readable) and was only downloaded 138 times. The State insists that there is no sign that criminals accessed the information. “We have a responsibility to protect the sellers who had their personal information included in the report, and we have reached out to the real estate and appraiser organizations to contact their members to destroy the file. We know the individuals who downloaded this file are using it for their own business purposes and have no malicious intent, yet we will be offering free credit monitoring for a year for the individuals who may have been impacted by this situation,” said Secretary Richard G. Chandler.

The DOR has been mailing letters to sellers that may have been impacted and offering them one year of free credit monitoring. Sellers can also contact the DOR directly at 888-947-3452 or realestate@wisconsin.gov.

For more information, see:

http://www.revenue.wi.gov/news/20120724_01.pdf

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Better Business Bureau – False Complaint

Recently, a number of REALTORs in Wisconsin received emails to inform them of Better Business Bureau complaints. The emails may include official logos and request that the REALTOR open the complaint report. The emails often take the following form:

 

Good afternoon,

Here with the Better Business Bureau would like to notify you that we have been sent a complaint (ID 44265713) from your customer related to their dealership with you. Please open the COMPLAINT REPORT {WEBLINK OMMITTED} below to find the details on this case and suggest us about your point of view as soon as possible. We are looking forward to hearing from you.

 

Sincerely,

 

Fernando Grodhaus

Dispute Counselor

Better Business Bureau

 

This is NOT a real complaint and you should NOT open the link.

In all likelihood, this is a phishing scam or a virus. Most scams can be identified by the poor grammar or deplorably bad writing. The Better Business Bureau, for instance, is unlikely to request that you “Suggest us about your point of view” or state that your customer has a complaint about their “dealership with you.”

Whenever you receive a questionable email like this, the easiest tool to discover a scam is Google or another search engine. Try a Google search of portions of the email or of the author’s name. In this case, we discovered this to be a scam.

Google Search

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Scheduling Closing With FHA Payoffs

 

It is conventional wisdom that the best time to close a home sale is at the end of the month. Closing at the end of the month means buyers bring less cash to closing. While closing at the end of the month might be more convenient for buyers, it can result in a hefty penalty for Sellers who need to pay off FHA loans. Realtors, attorneys, and sellers need to plan carefully when the seller has an FHA mortgage.

Most mortgages will charge interest for each day that the mortgage goes unpaid. The only extra costs to closing later in the month, or into the next month, are the added day(s) of interest. FHA Mortgages, on the other hand, charge interest in one month chunks. One full month of interest is due, without refund, on the 1^st day of each month. Closing on the first few days of the month will result in paying for a full month of interest even thought the seller no longer owns the property. So, it would appear to be best to close on the last day of the month.

Not so fast. A seller that closes on the last day of the month may not be able to get their FHA payoff to the bank until the 2^nd or 3^rd day of the next month. This will result in a hefty, non-refundable, one-month interest penalty. And the title company may not be able to wire out funds immediately after closing to meet the end-of-month deadline. Wire deadlines range from 1pm to 3pm. In addition, wires that arrive at the receiving bank after 3pm will not be credited until the next business day. And wires can take many hours to travel from one bank to another.

If you know your seller has an FHA mortgage that is being paid off, make sure to schedule closing with at least one business day remaining after closing. This will be a quieter time for the title company and lender, will mean less volume and more attention to your file, and will prevent that nasty, one-month interest “penalty.”

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Foreclosures on Hold?

At least three major lenders have suspended foreclosures in nearly two dozen states, including Wisconsin. Allegations of misconduct and flawed practices in foreclosure lawsuits prompted GMAC, Bank of America, and JPMorgan Chase to put the brakes on foreclosures and halt post-foreclosure REO sales of properties in at least 23 states. Indeed, many title insurers have also suspended issuing title insurance policies for REO sales from these companies. Now, according to the New York Times, lawmakers in Washington and many states are calling for a freeze on all foreclosures. Foreclosure Furor Rises; Many Call for a Freeze, Oct 5, 2010.

At issue are flawed or false affidavits – sworn statements by the lenders’ employees who were to have reviewed the files for accuracy and correct documentation. Rather than actually review the files, these companies allegedly used “robo-signers” — employees who signed thousands of affidavits per month with no knowledge of the content and, in many cases, without even bothering to read the Affidavits.

Some Affidavits dealt with lost or missing assignment of mortgages. The bank that made the original loan often assigned or sold their loan to another bank. That bank, the new owner of the mortgage, must prove to the court that they have standing to file the foreclosure action; in other words, they are the proper party with an appropriate interest to foreclose.  They need to produce the original Assignment of Mortgage document as proof. During the hay-day of loose lending practices, many banks lost or even never had the original Assignment of Mortgage documents.

The solution: sign an affidavit that swears that the bank keeps original documents like this and the signer can’t find the original after a thorough search and investigation for the lost affidavit.

The problem: the person signing that affidavit allegedly never made a thorough investigation and has no knowledge of the file. How could he when he signed thousands every month.

In most foreclosures, the home owner never contests the foreclosure action because the homeowner had stopped paying many months earlier. These flawed affidavits usually present only procedural flaws, not real defenses on the merits. Thus, they likely only serve to slow the process and delay the inevitable.  In some cases, however, the injustice may rise beyond a lack of due process. 

No one knows the affect that this temporary moratorium will have on the real estate market or the foreclosure crisis. Yet, it certainly has created more risk and costs for lenders during the foreclosure process.  One affect may be to encourage lenders to seek foreclosure alternatives, such as short sales and deeds in lieu of foreclosure. Only time will tell.

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Tax Deadline Extended… sort of

Congress Extends the Deadline to CLOSE

Last year, Congress passed a tax credit for first time homebuyers and many “long-time” homebuyers. This credit provided for two deadlines:

• Receive a binding offer to purchase on or before April 30, 2010
  
• Close the sale on or before June 30, 2010.
  

Lenders, title companies, and real estate professionals worked feverishly to close transactions before that June 30^th deadline. All the while congress was working (less feverishly, we are sure) to pass an extension of the bill.

Hours before it was set to expire, the Senate finally approved an extension to the June 30 closing deadline for the homebuyer tax credit, The move will give buyers who signed a purchase agreement by April 30 more time to close and still receive the tax credit of up to $8,000. Once signed by the President, the new deadline will be Sept. 30, 2010.

This extension will benefit those home-buyers who’s deals stalled or financing ran into trouble.  Many homebuyers could not close on short-sales or other distressed properties because of delays in lender approval.  The extension will be a welcome relief to those buyers.

Buyers, Realtors, and other professionals should be aware that this extension only affects home buyers who are in a binding contract that was signed before May 2010. It will not benefit those potential homebuyers who are still shopping for a home.
Interest Rates at Historic Lows

Nevertheless, today’s unprecedented interest rates may amount to a savings almost equal to the tax credit. Indeed, in January, a home-buyer might have locked in on a 30 Year Mortgage at 5.4%, a wonderfully low rate by historical standards. Today, that same 30 Year Mortgage might be at 4.6%. On a $200,000 mortgage, this amounts to a monthly savings of about $97.75 or $4,600 in just four years. While the tax credit might not be available for those still shopping for a home, the savings are still there.

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Count-Down To Tax Credit Deadline

The deadline for the First Time Home Buyer Tax Credit and the Long Time Home Buyer Tax credit is FAST approaching.  The deadlines are:

1.  The parties must enter into a “binding contract” on or before April 30, 2010; and

2.  The transaction must close on or before June 30, 2010.

This means you have just days or hours until Friday, April 30 2010 to enter a “binding contract.”  Lets get those offers signed!

NOTE:  The IRS has not defined “binding contract” and many parties have questioned the effect of contingencies.  For instance, short sales require bank approval.  When that approval is a contingency that has not been met prior to April 30th, is there a binding contract?  One would have a strong argument that the offer is binding (the lender is not a party and their approval is only a contingency), but it is the IRS and a court’s interpretation that will matter.  Consult an accountant and or an attorney if you or your clients have this issue.  See Our Blog Post on Short Sales and The Tax Credit.

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HAFA – A New Program For Short Sales

In an effort to end the foreclosure crisis, the Federal Government has been trying to keep owners in their homes through Mortgage Modifications. Now, under a new plan, it will try to make short sales easier.

The Home Affordable Foreclosure Alternative Program (HAFA for short) is a complex program designed to simplify, streamline, and standardize the short sale process. HAFA not only streamlines the short sale process, it allows some distressed owners to walk away with a little cash.

HAFA is an extension of the Home Affordable Modification Program (HAMP) that sought to assist home-owners through mortgage modifications. Unfortunately, the HAMP program has not been very successful. Thus, HAFA offers incentives to both home owners and their lenders to facilitate a short sale. According to the National Association of Realtors, HAFA does not apply to Fannie Mae or Freddie Mac loans, which will issue their own versions of HAFA. The new HAFA program takes effect on April 15, 2010 and provides the following benefits:

• Short Sale pre-approval much earlier – before even signing a listing agreement or an offer.
• Prohibits commission reductions below 6% (unless required by private mortgage insurance)
• Requires full release of any 1^st mortgage deficiencies – borrowers must be released from their debt
• Provides financial incentives to lenders and owners: $1500 for owners and $1,000 for lenders.
• Institutes uniformed and streamlined procedures that all participating banks must follow.

HAFA is a complex program with dozens upon dozens of pages of guidelines and forms. Fannie Mae and Freddie Mac will likely add hundreds of pages of their own programs.   HAFA is a new program and there is very little guidance.   We found the following resources helpful:

• New York Times Article: Program Will Pay Homeowners to Sell at a Loss, By DAVID STREITFELD Published: March 7, 2010
• The National Association of Realtors
• Treasury Department Supplemental Directive 09-09
• Smartmoney.com:  It’s Looking Like the Year of the Short Sale, by  Lisa Scherzer, March 1, 2010
• Making Home Affordable Website: http://makinghomeaffordable.gov/

Homestead Title is committed to providing the most up to date information and will be offering updates often.

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