REFinBlog

Editor: David Reiss
Cornell Law School

April 6, 2017

Thursday’s Advocacy & Think Tank Roundup

By Jamila Moore

  • The CEO of one of America’s largest and most influential banks has called for significant changes to the FHA’s mortgage rules. Many of the mortgage rules now in place came after America’s financial crisis. Jamie Dimon, CEO of JPMorgan Chase names the changes as “too costly for consumers.
  • Banking giant, Wells Fargo, recently uncovered an employee scandal. Over 5,000 employees opened fake accounts in order to receive additional sales bonuses. Recently, the bank reached a 110 million dollar settlement in a class action lawsuit brought by customers affected by the scandal.

April 6, 2017 | Permalink | No Comments

April 5, 2017

Prepaying Your Mortgage

By David Reiss

photo by www.aag.com

Newsday quoted me in Paying off Your Mortgage Early Might not Make Sense (behind paywall). It opens,

There are few greater feelings than making that last mortgage payment. Some people feel better still if they pay it off early. But sometimes it doesn’t make sense to pay off your mortgage early.

First things first: Be sure you have adequate emergency savings before you put extra money into paying off the mortgage early. Then consider what’s the best use of any extra money you have.

While taking a shorter-term mortgage or prepaying principal saves you tons in interest, remember that mortgage interest is typically tax deductible.

Warren Goldberg, founder of Mortgage Wealth Advisors in Melville, offers an example. If you had a 5 percent interest rate on your 30-year fixed mortgage, depending on your tax bracket, your equivalent, after-tax interest rate might only be 3.3 percent. Even in today’s tumultuous market, it’s not difficult to earn a return greater than 3.3 percent after taxes.

“By paying the minimum on your mortgage and investing the balance, your money can be working for you. Your investments can be earning more than the interest you are paying,” says Goldberg.

David Reiss, a professor at Brooklyn Law School specializing in real estate, agrees: “If you have not maxed out your retirement savings, it might make sense to direct your extra funds to tax-advantaged retirement accounts. You could end up being better off overall as those accounts grow tax-free over time.”

April 5, 2017 | Permalink | No Comments

Wednesday’s Academic Roundup

By Jamila Moore

April 5, 2017 | Permalink | No Comments

Tuesday’s Regulatory & Legislative Roundup

By Jamila Moore

  • After studying the housing crisis of the early 2000’s, Congress created the Consumer Finance Protection Bureau to protect U.S. citizens from poor and damaging practices of the American financial institutions. In early 2017, the Trump Administration questioned the constitutionality of the bureau and is seeking to shift some of its practices at the very least. As a result, the Democrats of Congress have rallied together to save the federal agency.
  • A Michigan pastor is under investigation by the Securities and Exchange Commission (SEC). The federal agency alleges the pastor created a real estate scheme to garner over 6 million dollars fraudulently. The pastor is accused of targeting Michigan’s most exposed citizens such as retirees and laid off auto-workers.

April 4, 2017 | Permalink | No Comments

April 3, 2017

The Advantages of ARMs

By David Reiss

photo by Kathleen Zarubin

The Wall Street Journal quoted me in Why Home Buyers Should Consider Adjustable-Rate Mortgages (behind paywall). It opens,

While many out-of-the-mainstream loans got a black eye in the subprime debacle, today’s versions have been shorn of the toxic features—such as negative amortization and prepayment penalties—that tripped up many borrowers during the housing bubble a decade ago.

Plan to move

Experts say today’s adjustable-rate mortgages, or ARMs, as well as interest-only loans, are especially suitable for borrowers who expect to move before any rate increases can wipe out the savings in the early years. They’re also useful for sophisticated borrowers wrestling with uneven income, borrowers who expect their income to rise, or borrowers who are willing to bet they can invest their mortgage savings for a greater return elsewhere.

“Many of the mortgage products that some may have thought slipped into extinction, such as interest-only loans, do still exist today, but in far less volume” than in the heyday of the subprime era, says Bill Handel, vice president of research and product development at Raddon Financial Group, consultant to the financial-services industry.

Adds David Reiss, a law professor and academic program director at the Center for Urban Business Entrepreneurship at Brooklyn Law School: “The benefits of non-30-year, fixed-rate mortgages are legion.”

A sweet spot

Many borrowers can find a sweet spot, for example, in the so-called 7/1 adjustable-rate mortgage, which carries a fixed rate for seven years before starting annual adjustments. With a typical rate of 3.75%, the monthly payment on a $300,000 loan would be $1,389, compared with $1,449 for a 30-year, fixed-rate loan at 4.1%, saving the borrower $5,040 over seven years.

Even if the loan rate then went up, it could take two or three years for higher payments to offset the initial savings, making the mortgage a good choice for a borrower likely to move within 10 years. Once annual adjustments begin, they are generally calculated by adding a fixed margin to a floating rate, such as the London interbank offered rate.

“ARMs are very underutilized,” says Mat Ishbia, president of United Wholesale Mortgage, a lender in Troy, Mich. He expects the 7/1 ARM to account for 15% of new mortgages within the next few years, up from less than 5% today. Historically, ARMs become more popular as interest rates rise, making savings from the loan’s low initial “teaser rate” more attractive, he notes.

April 3, 2017 | Permalink | No Comments

Monday’s Adjudication Roundup

By Jamila Moore

  • The J.A. Green Development Corp. is dissatisfied with the services provided by their previous legal and accounting team. The real estate development company sued both their legal and accounting teams due to alleged misguidance regarding their prior tax practices.
  • Trump University real estate seminars have made residents on the east and west coast upset about the content of the seminars. Individuals attending, claim the seminars were fraudulent. As a result, President Trump has reached a 25 million dollar settlement deal which was approved by a California court.
  • Attorneys in the Ninth Circuit are begging a federal judge to “overturn the fees and sanctions” against them. The fees and sanctions stem from a failed lawsuit attorneys filed against a resort in which they alleged the owners participated in a “loan-to-own scheme.

April 3, 2017 | Permalink | No Comments