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Posts Tagged ‘Closing Attorney Massachusetts’

New Lending Requirements – Freddie and Fannie

Tuesday, February 8th, 2011

The following article by Kenneth R. Harney appears on the BostonHerald.com.

One loan officer describes it as a “financial colonoscopy” on your credit, and he suggests that anybody applying for a mortgage be prepared for it.

What he’s talking about is the combined effect of new credit transparency standards that have been imposed on lenders by mortgage giants Freddie Mac and Fannie Mae. As of Feb. 1, Freddie Mac began requiring lenders to dig back 120 days into your credit bureau files to detect any “inquiries” -—signs of your applying for credit anywhere else — and then to check out whether any applications were approved. If they resulted in significant new debts, your mortgage deal could be affected, and your lender might have to revise the terms or the rate you’re being offered.

Meanwhile, Fannie Mae is requiring lenders to track or review your credit behavior after you’ve been approved for a mortgage but haven’t yet gone to closing. That period often extends for 60 days or more. If inquiries pop up on your files during this time, lenders must check them out to determine whether any new debt might require a re-underwriting of the originally quoted terms.

For example, if the mortgage quote is tied to specific debt-to-income ratio maximums — say 31 percent of monthly income for housing, 43 percent for total household debt — a new credit card account with a $5,000 balance might require a new underwriting or even a higher rate. If the new card account shows up late in the game — a day or two before closing, with moving vans on the way — you could face some serious problems.

“We now tell our customers that they need to be ready” for much more rigorous screening of their credit, said Matt Jolivette of Associated Mortgage Group Inc. in Portland, Ore, who made the reference to a “financial colonoscopy.” “They (Fannie and Freddie) want to know everything.” This means full disclosure on any credit accounts, big or small, that consumers have shopped for in the months immediately preceding and following their application.

“Our advice is this: Don’t buy cars, don’t buy furniture or appliances on credit until we close,” said Jolivette. “You don’t own the house yet, so don’t buy anything for it” unless you pay in cash.

The stricter credit-scrutiny rules from Freddie and Fannie have stimulated an explosion of new services and products to help lenders keep track of their mortgage clients’ behavior. For example, Experian — one of the three national credit bureaus — sells a “risk and retention triggers” system that functions much like the anti-identity theft services it markets directly to consumers. Lenders can choose from a detailed menu of trigger-event occurrences they wish to know about from the application date to the closing date. These include all new inquiries for bank credit cards, retail credit accounts, auto loans and even “over-limit” features they apply for on existing accounts. The monitoring is 24/7.

Equifax, another of the big three credit bureaus, offers a similar service called “Undisclosed Debt Monitoring.” Steve Meirink, an Equifax vice president, said that because of the rule changes by Fannie and Freddie, there has been “a tremendous response” from banks and mortgage companies to sign up for its program.

Other players in the credit industry offer mortgage lenders customized “refresh” pulls of files and scores that compare a borrower’s data at the application and just before the scheduled closing. Marty Flynn, president of Credit Communications Inc. of San Ramon, Calif., urges clients to pull “triple merged” files from all three bureaus — TransUnion along with Experian and Equifax — because information on file can differ from bureau to bureau.

Freddie Mac’s new 120-day look-back rule on inquiries is designed to turn up situations where homebuyers apply for credit a couple of months before seeking a mortgage but the inquiry and new account haven’t hit the national bureau files because of differing reporting schedules followed by creditors. By scanning back 120 days — the previous standard was 90 days — virtually all inquiries made during the four months preceding the application should show up. If they’re not caught then, they are certain to be spotted during the scans or refresher reports obtained before closing.

The bottom line on all this: Be aware that more than ever, your credit files — not just your FICO scores — are likely being checked, rechecked and evaluated for the third of a year preceding a mortgage application and two to three months prior to the closing.

The cleaner and simpler you keep the files, the easier your path to an on-time, uncomplicated closing should be.

Source: http://bostonherald.com/business/real_estate/view/2011_0206debt_could_be_a_mortgage_deal-breaker/

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Signs of Recovery In Mortgage Market

Thursday, October 14th, 2010

The following article discusses some recent developments  in the mortgage market.

After more than two years of misery in the housing market, the worst may finally be over.

A handful of recent developments in the mortgage market all point to an easing of lending standards, which have been onerously high since 2008. Private lenders and the federal government have reinvigorated the jumbo mortgage market, making bigger loans more available to more borrowers. And in general, would-be homeowners can now qualify for a loan with a lower credit score and make a smaller down payment – in some cases, as low as 5%. Those moves, taken together, mean that more borrowers have access to mortgages, a necessary precondition for housing to rebound.

“When you see those moves on the upswing, it gives you a hint of what’s coming later on,” says Chip Cummings, president of Northwind Financial, a consulting company for mortgage and realtor firms.

Of course, these are only the first signs of what could be a very long recovery. So far, the changes in the private lending market are aimed strictly at the best loan applicants, those with credit scores of 700 or higher. Riskier borrowers are still undesirable in the eyes of the banks – even the Federal Housing Administration has raised the floor on credit scores for prospective applicants. And without a drop in unemployment and other economic improvements, demand for the new mortgages may not keep pace with supply. But the moves do suggest that lenders, at least, are more willing – and the easier it is to get a loan, the easier it is to get a house.

Here’s a closer look at the three changes.

More jumbo mortgages

Prior to 2007, jumbo mortgages – any loan over $417,000 in average markets – made up 22% of the mortgage market. Today, they’re about a 6% sliver. But private lenders are getting back into the jumbo market. These supersized loans are up 3% from January to May, according to the most recent data available from CoreLogic, a mortgage-data company. Wells Fargo (WFC: 24.49*, -1.32, -5.11%) almost doubled its jumbo lending to $3.7 billion in the second quarter (compared to a year ago), and Chase (JPM: 38.29*, -1.55, -3.89%) is up 16% for the same period, with plans to keep growing.

The sheer size of these loans suggests more risk for the lender. (If the borrower defaults, the lender could take a bigger hit.) But for the high-quality borrower, it’s risk the banks now seem willing to take, says Keith Gumbinger, a vice president at HSH Associates, a mortgage-data tracking firm. If foreclosures are low, private lenders are likely to extend jumbo mortgages to a broader group of borrowers in the next year or so. Meanwhile, smaller local lenders have also gotten into the market, Cummings says.

For better borrowers, this means more options. A Fannie- or Freddie-backed mortgage can go up to $729,750, but private lenders can go higher when they keep the loan on their books – an advantage for someone house-hunting in expensive cities like New York, Boston or Washington (and a potential boon for those housing markets overall). Interest rates on jumbo mortgages backed by private lenders are about 1% higher than those backed by the government.

Smaller down payments

As a consequence of the mortgage meltdown, even qualified borrowers found themselves scrambling to make hefty down payments – commonly 20% or more. But over the last year, that threshold has dropped, making mortgages more available to people with less available cash. For new mortgages, the average loan-to-value ratio – how much people borrow relative to the appraised value of their house – has been slowly increasing, a sign that buyers are financing a bigger proportion of the purchase price.

Of course, the no-money-down days are unlikely to return any time soon. As of May, borrowers were still putting down 28% of the purchase price on average – still substantial, but also significantly less than the 34% down payment they made the year before, according to CoreLogic. And that’s going to continue to drop, says Scott Stern, CEO of Lenders One, a mortgage banker cooperative, as more 10%-down loans become available. “They’ve been increasing in availability within the past six months and we expect continued loosening,” he says.

Lower credit scores

Similarly, a borrower’s credit no longer needs to be completely spotless in order to get a loan. The requirements are still high but seem to be creeping down: In May, the average borrower’s credit score stood at 757, eight points lower than it was a year prior. But even borrowers with scores in the mid to high 600s can qualify for a mortgage these days, says Stern. “As recently as a year ago, that credit was almost unavailable.”

All these changes, small as they may be, indicate that mortgage lenders are willing to take on more risk and test the boundaries of what makes a high-quality borrower. And as the appetite for lending increases, more applicants could qualify – a good sign the housing market is moving in the right direction.

Source: http://www.smartmoney.com/personal-finance/real-estate/3-signs-the-mortgage-market-has-hit-bottom/#ixzz12GN848uL


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Massachusetts Closing Attorney

Thursday, July 15th, 2010

Real Estate Attorney’s Do Much More Than Conduct Your Closing

Massachusetts Real Estate Closing Attorney’s do much more than simply conduct your real estate closing.  Most of the closing attorney’s work is done behind the scenes.  There are numerous steps the attorney must perform before and after your closing.

Title Examination

Prior to the closing, a title examination is performed on the property. This is done to check that the Seller is really the property’s owner, and not an imposter trying to defraud you.  The examination also reveals what mortgages and other liens exist on the property.

The title examination is extremely important. All mortgages and other liens on the property must be paid by the Seller at closing.  If any of the Seller’s debts are not paid at closing, then they become your responsibility.  The Seller’s creditors can foreclose on your property if they are not paid.

Prior To The Closing

Prior to the closing, the attorney must prepare all documents necessary for your transaction. This may include your Deed, Offer to Purchase, and Purchase and Sales Agreement.  The attorney must order any payoffs from existing mortgage holders on the property, contact the City/Town for the balances on all taxes and utilities, and fix all title problems.  The attorney must also work closely with your lender and real estate agent to coordinate all aspects of the transaction.

At Closing

At the closing, the attorney will carefully review and explain dozens of legal documents to you, and answer all questions that you may have.  The attorney will also make sure that all documents are properly signed and notarized.

After The Closing

A significant portion of the real estate attorney’s function is performed after the closing. At this time, all checks are written to pay off any liens on title.  The checks are sent to the creditors, so that the liens will be taken off of the title.

Your Deed and mortgage are brought to the Registry of Deeds to be recorded. This requires a second title examination that will check for any liens recorded after the first title examination.

When the Deed is recorded, you become the lawful owner of the property. At this time, you will be allowed to move into your home.

After recording the Deed, the attorney prepares your Massachusetts Title Insurance policy.

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Call us toll-free at 1-877-380-7650 to discuss your Massachusetts Real Estate Closing or

Click Here to Request a Massachusetts Title Insurance Quote.

Kane Title Services provides you with all of our fees upfront. No hidden fees, no surprises…

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Why You Need A Real Estate Attorney

Tuesday, July 13th, 2010

Why You Need a Real Estate Attorney to handle your closing.


A Notary Public Cannot Give Legal Advice

The real estate closing process has become much more complicated in recent years. At closing you will be signing dozens of complicated legal documents that affect your legal rights and responsibilities. Only a licensed attorney can provide you with legal advice.

Be skeptical of title companies that employ notaries to handle your transaction. A notary public’s role is only to witness your signature and to tell you where to sign. They can not explain to you what the documents that you are signing mean.

At Kane Title Services, Attorney Jason Kane personally oversees every transaction and is available to answer any questions that you may have.

Your Hard Earned Money is at Risk

When you buy a home, the title company will be handling all of your hard earned money. This includes your down payment and the funds that you are borrowing.

Do you trust that your money is safe being held by a non- attorney owed title company? Attorney’s have legal and ethical obligations to protect your money.

All funds held by Kane Title Services are placed in an attorney escrow account.

Do You Know Your Title Company’s Credentials

When you buy a home, you are also buying its title. The legal significance of this is profound.

If your title company makes a mistake and does not find a Seller lien during the title search, you will be responsible. For example, if the Seller owes $20,000.00 to the IRS and the title company does not discover this lien during the title search, the taxes become your responsibility. If you do not pay off this debt, the IRS can foreclose on your home and you will lose everything!

List of our credentials

Is Your Title Company Insured in Case Something Goes Wrong?

What if something went wrong at your closing?

Legal malpractice insurance is required of attorneys who perform real estate closings for lenders. This insurance along with your purchase of title insurance will guarantee that if a mistake is made, you will not get stuck with the bill.


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Closing Attorney Massachusetts

Tuesday, July 13th, 2010

In Massachusetts it is required that you have a licensed Attorney handle your real estate closing.

Many states require a notary public at closing, but not an attorney. Massachusetts is unique in that it requires an attorney be present. This is where we can help.

Do not proceed with a real estate closing without the help of an experienced Massachusetts real estate attorney.

Contact us at (1-877) 380-7650

Kane Title Services is an attorney owned title company. Rest assured that an experienced Massachusetts real estate attorney will be handling your closing. We will never send a notary public to perform your closing.

Real estate is our only focus

Kane Title Service’s focuses solely on Massachusetts real estate closings. Massachusetts real estate laws are complicated; and every transaction is unique. When problems arise at your closing, only a Massachusetts real estate attorney can help you with legal advice.
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Call us toll-free at 1-877-380-7650 to discuss your Massachusetts Real Estate Closing or

Click Here to Request a Massachusetts Title Insurance Quote.

Kane Title Services provides you with all of our fees upfront. No hidden fees, no surprises…

  • Share/Bookmark