Seller and Lender credit guidelines

Jay Vorhees at JVM Lending came through with another great topic recently, which I want to share with you below. It involves an oft-overlooked, but very important aspect of selling a home: credits to a buyer. Read on!

Here are a few quick reminders/guidelines for Seller and Lender Credits.

If a credit is specified to be for a repair anywhere in a purchase contract, the repairs will have to be completed PRIOR to close of escrow. We will need to show proof they are complete with either an appraiser’s or a licensed contractor’s certification. Kristin: I handle it with a workaround by asking for a credit for closing costs on an addendum with no reference to the repair, see below.
Credits for closing costs cannot exceed actual closing costs. Be sure to check with your lender to get an estimate for total closing costs. If there are significant transfer taxes and an impound account, the total closing cost figure can be substantial, creating much leeway for credits. Kristin: When the credit exceeds closing cost, I have combined it with a price reduction, usually credits are more desired, but this way you don’t lose any of the credit.
Credits can be for non-recurring and recurring closing costs. There is no need to specify which. Credits can and should simply be for “closing costs.”
Closing cost credits should be on a separate addendum, and not on a “Request for Repairs addendum. It is well known that Realtors substitute “closing cost” credits for “repair” credits, to avoid disclosing repair issues. But, this should not be made too obvious by putting closing cost credits on a “Request for Repairs” addendum (even if the Request for Repairs addendum does not specifically note any repairs).
Make sure there are no large lender-credits in place already. We have had a few transactions grind to a halt because the selling agent negotiated a seller-credit for closing costs without knowing that we had already given the buyer a large lender-credit. As a result, the total credits exceeded closing costs, and we had to restructure entire transactions. Kristin: My recommendation is your agent should always be in conversation with your lender.
Lenders need credits before they order loan documents. Many agents negotiate credits at the 11th hour when sellers are more willing to acquiesce. We, however, need to know about all credits before we order loan documents. If we learn about credits after loan documents are drawn, we have to formally re-draw loan documents. This both costs money and delays escrows. Kristin: The credit isn’t negotiated until it is time to remove the inspection contingency and if it is a shorter close, it pushes up on the docs having to be redrawn and then the buyer as 3 days review before they can sign loan docs which can push the closeout.

Tax returns and your loan approval!

Our friend Jay Vorhees at JVM Lending came up with another relatable blog recently: Tax Transcripts and 4506-T forms. It generally explains how those forms work, and reminded me of an experience of my own. First, a summary of Jay’s blog:

Every time a lender gets a loan from a borrower, they also have to get the last two years of tax returns. This is why borrowers sign IRS Form 4506-T as part of their disclosures. It formally authorizes lenders to request tax transcripts, which then show the filer’s status and income information.

Lenders are required to request transcripts from the IRS before a borrower can (borrowers can only request them directly if the IRS reject’s a lender’s request). If there is a minor error between the 4506-T and the tax return, this rejection may occur, so it happens pretty often.

That covers the basics of how the 4506-T form works and the role it plays in a real estate transaction. It’s a more subtle part of the process, but can cause huge headaches when done incorrectly. Take, for example, my experience with a property at Madeira in Pleasant Hill last year.

I represented the seller, and the buyer had their lender in Oakland, with a Bank out of L.A. Unbeknownst to us, the bank was being bought out and the new bank was called Bank of Hope – yes, really. But it turned out to be the Bank of Hopelessness.

Processes changed, the lender in Oakland was let go and nobody knew what they were doing. Communication was terrible. One of the balls that got dropped was getting the tax returns. We closed almost two weeks late and the only way this ended up closing at all is by the processor who I had been speaking with regarding other issues. They actually went down to the IRS office and got the tax returns. She went beyond what is required (and probably got tired of our phone calls), but my seller is an attorney and also made multiple phone calls as they had already purchased a new home that was about to close.

This is one of the best reasons to get fully underwritten before you start to write offers. If all the documentation is in upfront, there won’t be any surprises or delays once you get into contract. Selecting the right lender can be the difference between smooth sailing and dark nightmares.

The VA loan is the best loan going!

With Memorial Day around the corner and a time to honor and remember all the brave heroes who served to hold our flag high, I thought it would be a great time to mention the benefits of a VA loan and what is currently happening in that arena.

There’s a bill in Congress that eliminates loan limits for the VA. The current VA limit for Contra Costa is $636,150, so eliminating the limit will help our vets who qualify for more to still be able to purchase with their VA benefits. I specialize in working with VA buyers and sellers, and have a strong passion for it given my family’s history in service.

There is also a rebate available of up to $2,500 in Contra Costa County for qualified buyers with approved lenders. I can connect you with a qualified lender. The VA loan is the best loan around – low rates, nothing down, 25% of the loan is backed by the federal government, lowest loan foreclosure rate, plus many additional changes over the years to help make a VA offer be accepted such as the seller no longer has to pay for the pest inspection.

Did you also know, you are eligible for a VA loan after 90 days active duty in wartime (we are still considered in wartime which started with the Gulf War)? You are eligible after two years of service if no longer on active duty and six years of service in the National Guard or Reserves.

If you’re a veteran looking to buy or sell in the Bay Area or know somebody who is, please give me a call so we can get the ball rolling on helping you land a rebate and get your VA loan accepted!

Mortgage Terminology 101

Buying a home, even for those with experience, is already a tricky process to navigate. Add choosing a mortgage on top of that and things can get really stressful. Luckily, Keith Loria of BHG posted a great list of basic mortgage terminology to help guide buyers through this process. Check out our lightly edited version:

“Mortgage Lenders” – lenders make the loan and provide the money you’ll use to buy your home. You’ll need a lot of financial background information when you meet with a lender so he or she can set mortgage interest rates and other loan terms accordingly.

“Mortgage Brokers” – brokers work with multiple lenders to find you the best loan. This can be confusing, but their jobs are essentially to get you the best rate and terms on your loan.

“Mortgage Bankers” – most lenders are bankers, which means they don’t actually lend their own money, but borrow funds at short-term rates from warehouse lender. Some larger mortgage bankers will originate their own loans and sell directly to Fannie Mae, Freddie Mac or investors.

“Portfolio Mortgage Lenders” – they originate and fund their own loans, offering more flexibility in loan products because they don’t have to adhere to secondary market buyer guidelines. Once these loans are serviced and paid for on time for at least one year, they’re “seasoned,” and can be sold more easily on the secondary market.

“Hard Money Lenders” – this may be your last resort if you’re having trouble getting a mortgage and working with a portfolio mortgage lender. They are private individuals with money to lend, though interest rates are usually higher.

“Wholesale Lenders” – they cater to mortgage brokers for loan origination but offer loans to brokers at a lower cost than their retail branches offer them to the general public. For you, the loan costs about the same if it were obtained directly from a retail branch of the wholesale lender.

“Correspondent Mortgage Lenders” – these lenders have agreements in place with one or more wholesale lenders to act as their retail representative. They lend directly to buyers and use wholesaler guidelines to approve and close loans with their own money. They will also buy back any loans they close that deviate from those guidelines.

“Direct Mortgage Lenders” – direct mortgage lenders are simply banks or lenders that work directly with a homeowner, with no need for a middleman or broker.

Home Buying 101: Having a Good Lender in Your Pocket

When you’re in the market for a new home, having a good lender is essential. In a seller’s market or at entry-level price points, where many first-time home buyers are also submitting offers, the information in this blog becomes even more critical.

I like to have a buyer’s lender call and speak to the listing agent when I submit an offer. I want to know what their qualifications are, and more importantly, the lender’s ability to close in the time stated on the residential purchase agreement. This is where a local lender becomes very important; it is unlikely if you go with an out-of-state lender or one where you have to speak to somebody different each time, that they’d be willing or able to make that call to the listing agent.

However, if the listing agent has worked with the lender before (odds increase if they are local) and had a good experience, the buyer is one step closer to getting their offer accepted over others. Simply put, people like to work with people they know they can trust.

Another question to ask your lender is if you’ll be completely underwritten with a complete file in hand. This prevents surprises. If you walk into a bank and give them the basics, oftentimes they will give you a pre-approval for a certain amount, or for the amount you stated you would like to have (provided you qualify).

This is fraught with land mines – once you are in contract, that lender is now asking for additional paperwork and, surprise! Something comes up under Freddie and Fannie guidelines that won’t allow you to get the loan for that amount, or at all. This is not a happy situation for anyone involved, so it is also helpful if the underwriter is somewhat local and they work closely with the lender on a daily basis. Communication is key!

One of the many benefits of working with a mortgage broker is the appraisal managment company most likely has better quality appraisers, who know the neighborhood they appraise in. They can’t select who will appraise the property, but they can choose who is or isn’t in the group.

Finally, if you are shopping a loan, make sure you are comparing apples to apples. If you get a quote for a condo, make sure the other company is also quoting a condo and not a townhome. I know some great lenders – contact me if you would like their names and numbers.