chapter 14 mortgage default insurance, foreclosure, and title insurance © oncourse learning
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Chapter 14
Mortgage Default Insurance, Foreclosure, and Title Insurance
© OnCourse Learning
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Chapter 14 Learning Objectives
Understand how each of the three different default insurance plans – VA, FHA, and private mortgage insurance (PMI) – operate
Distinguish between partial insurance, full insurance, and co-insurance
Understand how state foreclosure laws differ
Understand the economics of the title insurance industry
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Mortgage Default Insurance
Partial Coverage – covers losses up to a certain percentage of the original amount of the loan
Full Coverage – all lender losses are covered
Self-Insurance – lenders absorb the default risk themselves
Co-insurance – all losses up to a certain portion of the loan are covered
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Government-Sponsored Insurance FHA Insurance – full insurance program VA Insurance – partial insurance program
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FHA Loans
U.S. citizenship not required. House must be in the U.S. and must be a principal residence
High-cost area limits may be adjusted up to 150% of loan limits to a maximum of $1,094,625
For non-high-cost areas, the limit is 48% of the FHLMC conforming loan limits
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FHA Reverse Mortgages Borrower requirements:
62 years old Own the property Occupy as principal residence Participate in consumer information session
Max loan amount is $200,160 No income and credit qualification No repayment as long as you occupy the house Borrower pays insurance premium 2% up-front premium and 0.5% on the outstanding balance
annually
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FHA Loans: Determining The Loan Amount Price $50,000 or Less: 98.75% of the appraised value or sale price
whichever is less
Price > $50,000: 97.75% of the lesser of appraised value or sale price
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FHA Loan Limits
$271,050 One unit property
$347,000 Two unit property
$419,425 Three unit property
$521,250 Four unit property
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FHA Loans – Loan Assumption
Prior to December 1, 1986 all FHA loans were simple (non-qualifying) assumptions
For loans originated after December 14, 1989 creditworthiness review required; assumption must be by an owner-occupant
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FHA Loans – Refinancing
Can be refinanced and cash can be obtained on owner-occupied properties up to 85% of the acquisition cost
FHA Streamline Refinance Plan (since March 1989) Less documentation
For very-high-rate mortgages (15% or more)
Refinancing costs included in the new loan
W/O appraisal if new loan amount is not more than old loan and no costs are added in
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FHA Loans – Mortgage Insurance Premium (MIP) Up-front payment plus an annual premium paid monthly
Starting April 2012 – up-front premium of 1.75%
Annual premium of 0.5% of the outstanding balance
Beginning April 2012 Annual premium for any loan with term greater than 15 years is 1.2% if the LTV >95%
Annual premium for 15-year loans is 0.35% (0.6%) if the LTV <90% (LTV>90%)
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FHA Loans – MIP Beginning in July 2008 FHA implemented a flexible
premium pricing schedule Up-front insurance premium ranges from 1.25% to 2.25%
depending on the riskiness of the borrowers
First time new borrowers can suspend the premium payment when the loan-to-value ratio reaches 78% of the original purchase price.
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VA Loans
Started in 1944
Provides mortgage loan guarantees for principal residences
Guarantees only a portion of the loan
No down payment may be required
Funding fee varies with down payment
>95%- 100% Loan 2%
>90%- 95% Loan 1.50%
90% or Less Loan 1.25%
Fee is waived for service related disability
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VA Loans
Must have eligibility and entitlement
Eligibility- Minimum active duty, 90 days for “ Hot War”
Basic Entitlement is $36,000
Additional entitlement up to 25% of Freddie Mac conforming loan limit
For 2008, conforming loan limit is $417,000
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VA Loans
Ginnie Mae requires a 25% guaranty
Not assumable since 1988
Entitlement restoration vs. release of liability
Follows HUD/FHA foreclosure procedure
Contract interest rate is not regulated
Offers ARMs TB Yield, 1/5 Caps, 2.00 Margin
VA will finance mobile homes
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Private Mortgage Insurance (PMI)
Private insurers
Insures top portion of loan
Pay claim and take title or just pay losses
Homeowners Protection Act Of 1998 requires lenders to cancel PMI automatically when L/V is 78%
After July 29, 1999 can be cancelled at 80% L/V of original property value
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PMI
Other requirements for cancellation: No payment more than 30 days late in last 12 months
No payment more than 60 days late in last 24 months
Property value has not declined
Protects conventional mortgages and cannot be required with 80% or less L/V ratio
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PMI
Some borrowers do “ Piggyback” loans called 80-10-10s to avoid PMI 80% First Mortgage
10% Second Mortgage
10% Down Payment
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Foreclosure Laws
Judicial Foreclosure Court judgment against borrower allowed in all states
Power of Sale Foreclosure proceeds without a court order Usually with the deed-of-trust
Equitable Right of Redemption Redeem the property before the sale
Statutory Right of Redemption Redeem the property after the sale
Deficiency Judgement
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Title Insurance
Unencumbered and clear title – free from restrictions by private parties
Title insurance Insures against the risk that clear title may not be transferred to the buyer
Does not insure from any loss due to government restriction of property rights (zoning or eminent domain)
Title Search The process that reviews each transfer of title throughout the history of the property