Author Archives: David Reiss

Reiss on Anatomy of a Mortgage

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MainStreet quoted me in The Anatomy of a Mortgage – Determining Which Fees You Need to Pay. It reads in part,

All mortgages are not created equal, so reading the fine print before you agree to a long-term commitment is crucial.

Mortgage lenders now have become “very risk averse” since the financial crisis and are doing everything “pretty much by the book,” said Greg McBride, the chief financial analyst for Bankrate.com, a New York-based personal finance content company. “The rules on the ability of a homeowner to be able to repay are stricter than ten years ago,” he said. “Niche products have gone back to niche borrowers.”

While lenders are offering fewer risky products such as interest only mortgages to run-of-the-mill consumers, there are still hidden fees and other deceptive practices to be wary of, said Jason van den Brand, CEO of Lenda, the San Francisco-based online mortgage company.

In 2013, the Consumer Finance Protection Bureau issued guidelines to protect consumers from the types of mortgages that contributed to the financial crash. In the past, lenders were approving mortgages that allowed consumers to borrow large sums of money without any documentation such as pay stubs and offered extremely low interest rates to lure people into buying homes.

 “It also doesn’t mean that the potential to get bad mortgage advice has been eliminated,” van den Brand said. “There aren’t bad mortgage products, just bad advice and decisions.”

Here are the top seven things consumers should consider carefully.

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Avoid choosing an adjustable rate mortgage or ARM when it makes more sense to select a fixed rate mortgage. Those low initial rates offered by ARMs are enticing, but they only make sense for homeowners who know that in less than ten years, they plan to upgrade to a large home, move to another neighborhood or relocate for work. Many ARMs are called a 5/1 or 7/1, which means that they are fixed at the introductory interest rate for five or seven years and then readjust every year after that, which increases your monthly mortgage payment said David Reiss, a law professor at Brooklyn Law School.

While many homeowners gravitate toward a 30-year mortgage, younger owners “should seriously consider getting an ARM if they think that they might move sooner rather than later,” he said. If you are single and buying a one-bedroom condo, it is likely you could sell that condo and buy a house in the future. “That person might not want to pay for the long-term safety of a 30-year fixed rate mortgage and instead save money with a 7/1 ARM,” Reiss said.

How Can Tech Support Housing Rights?

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Here is Linda Raftree’s write up of the Technology Salon Brooklyn event on How Can Tech Support Housing Rights in Brooklyn? The salon co-hosted the event with the Brooklyn Community Foundation (BCF) and AfroLatin@ Project.  The salon attendees explored the issue of tenant rights within the wider context of structural discrimination:

We aimed to think about how new technology and social media might be a tool for helping community organizations to support Brooklyn residents to know their rights and report violations. We were also curious about how better use of data (and ‘big data’) might help housing rights activists and community organizations to more successfully engage residents and advocate for change.

Our lead discussant was David Reiss from Brooklyn Law School, who provided an overview of the wider housing market and challenges in New York City as well as information on some applications that are helping landlords do a better job of keeping properties up to standard. We also heard from Tynesha McHarris (BCF) and Amilcar Priestly (AfroLatin@ Project).

Clearly, tech offers no magic bullets for the gap between the supply and demand of housing in NYC, but there were some intriguing ideas about how to protect rent-regulated tenants from harassment. There were also some interesting ideas about how public housing tenants could use technology to track and organize around bad housing conditions. The write up of the salon is here and is worth a read.

Reiss on Low Interest Rates & Down Payments

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MainStreet quoted me in How to Get the Lowest Mortgage Rates Without a Large Down Payment. It reads in part,

Low mortgage rates can play a large factor whether homeowners are able to save tens of thousands of dollars in interest.

Even a 1% difference in the mortgage rate can save a homeowner $40,000 over 30 years for a mortgage valued at $200,000. Having a top-notch credit score plays a critical factor in determining what interest rate lenders will offer consumers, but other issues such as the amount of your down payment also impact it.

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Opt For an FHA or ARM

Both an adjustable rate mortgage (ARM) and a Federal Housing Administration (FHA) mortgage are good options if homeowners are concerned about receiving a lower interest rate and have not been able to accumulate the 20% standard down payment.

The biggest benefit of an ARM is that they have lower interest rates than the more common 30-year fixed rate mortgage. Many ARMs are called a 5/1 or 7/1, which means that they are fixed at the introductory interest rate for five or seven years and then readjust every year after that, said David Reiss, a law professor at Brooklyn Law School in N.Y. The new rate is based on an index, perhaps LIBOR, as well as a margin on top of that index.

While many homeowners gravitate toward a 30-year mortgage, younger owners “should seriously consider getting an ARM if they think that they might move sooner rather than later,” he said.

FHA loans can be a good option for consumers purchasing their first home because they require much smaller down payment of 3.5%.

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Given that young households tend not to have the savings for a substantial down payment, they can be an attractive option, Reiss said.

Reiss on Low Credit Scores and Mortgages

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MainStreet quoted me in A Low Credit Score Does Not Prevent You From Purchasing a Home. It reads in part,

While consumers who have low credit scores have fewer options to choose from, many can still qualify for a mortgage.

Lenders determine the mortgage rate based on a potential homeowner’s credit score, amount of down payment and how much debt he has compared to his current income.

What Your Credit Score Means

Credit scores play a large factor in the interest rate a borrower will receive because lenders are determining the likelihood of someone defaulting on a loan or missing payments, said Jason van den Brand, CEO of Lenda, a San Francisco-based online home mortgage service.

“It’s important to remember that the costs of a loan are closely associated to how ‘risky’ it is to give the loan,” he said. “If you look like a riskier borrower, your loan will cost more.”

Low mortgage rates can play a substantial factor in a homeowner’s ability to save tens of thousands of dollars in interest. Even a 1% difference in the mortgage rate can save a homeowner $40,000 over 30 years for a mortgage valued at $200,000.

*     *     *

Both an adjustable rate mortgage (ARM) or a Federal Housing Administration (FHA) mortgage are good options if homeowners are concerned about receiving a lower interest rate and have not been able to accumulate the standard 20% down payment.

The biggest benefit of ARMs is that they offer lower interest rates than the more common 30-year fixed rate mortgage and are good options for first-time homebuyers. Many ARMs are called a 5/1 or 7/1, which means that they are fixed at the introductory interest rate for five or seven years and then readjust every year after that, said David Reiss, a law professor at Brooklyn Law School.

FHA loans can be a good option, because they require a much smaller down payment of 3.5%.

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Given that young households tend not to have the savings for a substantial down payment, FHA loans can be particularly attractive, Reiss said.

Reiss on Homes as Investments

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US News and World Report quoted me in Is Your Home a Sound Investment? It reads in part,

Whether it’s beautiful new construction or a rehabbed fixer-upper, the place we call home demands time, attention and upkeep over the years. All this can enhance its value, and to be sure, Rich Arzaga inhabits a fabulous residence in San Ramon, California. The founder and CEO of Cornerstone Wealth Management estimates that its value approaches $1.9 million. The 5,400 square-foot abode boasts a swimming pool and a built-in barbecue, and has undergone more than a half-million dollars in improvements since he purchased it in 2005.

He considers the money well-spent: But does his home a double as a sound financial investment? As much as Arzaga loves his lodgings, he’d also argue that homeownership doesn’t translate into a smart addition to his portfolio – or anyone else’s, for that matter.

“We have seen many scenarios where a family would be much better off today, and in the future, renting,” Arzaga says. “Most people who insist that owning is a great investment are purely emotional on the matter and have not done any serious overall calculation. They are blinded by a feeling.”

Arzaga says he’s got the statistical analyses to back up his assertions. Yet expert opinion varies greatly as to whether a home represents a great investment. No single answer reflects a one-size-fits-all scenario any more than a cute brick bungalow resembles a sprawling suburban mansion.

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Still, others pit themselves on both sides of the debate over the value of homeownership from an investment angle. “My view is that a home is not an investment, but it can certainly be a profitable noninvestment,” says David Reiss, a professor of law and research director at the Center for Urban Business Entrepreneurship at Brooklyn Law School.

Reiss maintains that the notion of “value” should revolve around financially intangible factors, although certainly, those could increase a home’s value over time. “Are there good schools and playgrounds for your kids? Is it near your job and your social network? If the answer is no, that’s a good reason to pass on a house that seems like a good deal,” he says.

Reiss on FHA Mortgages for First Timers

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MainStreet quoted me in FHA Loans Can Be A Good Option for First-Time Homebuyers. It opens,

FHA loans can be an attractive option for consumers purchasing their first home, because they require much smaller down payments.

First-time homebuyers often consider these Federal Housing Administration loans, because they do not require a large down payment or high FICO scores unlike traditional 30-year fixed mortgages. Given that young households tend not to have the savings for a substantial down payment, they can be an attractive option, David Reiss, a law professor at Brooklyn Law School.

Because FHA loans are mortgages insured by the Federal Housing Administration, this guarantee reduces the risk of “loss of principal for lenders, which is advantageous for borrowers,” said Joseph Cahoon, director of the Folsom Institute for Real Estate at Southern Methodist University’s Cox School of Business School in Dallas.

This results in some consumers being able to put down as little as 3.5% for a down payment towards the purchase of a new home. For many first-time Millennial homebuyers, the prospect of saving 20% for a standard down payment has been challenging during the past several years because of a combination of low growth in wages and high student loan debt.

“For those borrowers with good credit, FHA insured loans offer a good pathway to home ownership, he said.

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“Homebuyers should compare all of their options before going with an FHA mortgage,” Reiss said.

Reiss at TechSalon on Tenant Rights

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I will be the lead discussant at a Technology Salon Brooklyn event on Thursday morning: How Are ICTs and Social Media Supporting Tenant Rights? The invitation reads,

Gentrification is top of mind of many Brooklynites, as they are pushed out of their communities by large-scale economic development and wealthier groups moving in. One effect of the gentrification process is often the shuttering of local businesses and skyrocketing rents for residents as landlords make way for those who can pay more.

The New York City Office of the Comptroller reported in April 2014 that median rents in the city had risen by 75% since 2001, compared to 44% in the rest of the US, while at the same time, real incomes declined overall for New Yorkers. At the same time, the numbers of rent-regulated properties has decreased. The harshest consequences of rising rents and lowering incomes are felt by the poor and working classes (those earning less than $40,000 a year).

This situation is contributing to an increase in homelessness, with the city’s shelters receiving an all time high number of people seeking support and services. The negative impacts of gentrification also tend to differentially impact on communities of color. Tenants do have rights — however, enforcing those rights can take years when landlords have deep pockets. In 2003, a tenant advocacy group found that in cases initiated by tenants, only 2% resulted in fines for landlords.

Residents of gentrifying areas have not been silent about the impact of gentrification. Numerous community groups have formed and are fighting to keep communities intact, cohesive and affordable for residents. Social media and better data and data visualization can help to track and create evidence bases that can support residents, or to connect them to support services and legal aid.

Please RSVP now to join us at the Brooklyn Community Foundation for a lively roundtable conversation on tenant rights and ICTs. We’ll hear from community organizations, technology developers, legal advocates and others with an interest in technology and social activism around tenant rights, including such questions as:

  • How are community organizations successfully using ICTs and social media to support tenant rights?
  • What is working well, and what are some of the lessons learned about using ICTs and social media for outreach?
  • What are some new ways that organizations could use ICTs to support their work?
  • What support do community organizations need to do this work?

Please RSVP now to join Technology Salon Brooklyn for a lively discussion! Be sure to arrive early to get a good seat, hot coffee, and morning snacks before we start.

ICTs, Social Media and Tenant Rights
Thursday, April 16, 2015, 9-11am
Brooklyn Community Foundation
1000 Dean Street, Suite 307
Brooklyn, NY 11238
RSVP is Required to Attend

The Foundation is a short walk from the A, C, S 2, 3, 4 or 5 trains (Franklin Av stop) (map).