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Editor: David Reiss
Cornell Law School

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April 20, 2015

Monday’s Adjudication Roundup

By Shea Cunningham

April 20, 2015 | Permalink | No Comments

April 17, 2015

Reiss on Low Credit Scores and Mortgages

By David Reiss

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%.

*     *     *

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

April 17, 2015 | Permalink | No Comments

Friday’s Government Reports

By Serenna McCloud

There is a dearth of reports to report today, I have decided to post a beautiful poem in honor of Spring and Earth Day by Emily Dickinson:

A Light Exists In Spring

A Light exists in Spring
Not present on the Year
At any other period —
When March is scarcely here

A Color stands abroad
On Solitary Fields
That Science cannot overtake
But Human Nature feels.

It waits upon the Lawn,
It shows the furthest Tree
Upon the furthest Slope you know
It almost speaks to you.

Then as Horizons step
Or Noons report away
Without the Formula of sound
It passes and we stay —

A quality of loss
Affecting our Content
As Trade had suddenly encroached
Upon a Sacrament.

April 17, 2015 | Permalink | No Comments

April 16, 2015

Reiss on Homes as Investments

By David Reiss

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.

*     *     *

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.

April 16, 2015 | Permalink | No Comments

Thursday’s Advocacy & Think Tank Round-Up

By Serenna McCloud

  • Harvard’s Joint Center for Houses Studies released its Leading Indicator of Remodeling Activity (LIRA) which predicts a deceleration in remodeling activity due to sluggish home sales, the LIRA also projects annual spending for home improvements will increase a more modest 2.9% in 2015.
  • National Association of Realtors’ testimony before the United States Senate Committee on Banking, Housing and Urban Affairs, Hearing titled Regulatory Burdens to Obtaining Mortgage Credit, argues that unnecessary burdens prevent qualified buyers from obtaining mortgages in today’s market.

April 16, 2015 | Permalink | No Comments

April 15, 2015

Reiss on FHA Mortgages for First Timers

By David Reiss

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.

*     *     *

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

April 15, 2015 | Permalink | No Comments

Wednesday’s Academic Roundup

By Shea Cunningham

April 15, 2015 | Permalink | No Comments

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