December 22, 2016
Thursday’s Advocacy & Think Tank Roundup
- The Federal Reserve Board recently increased the interests rates for short term mortgage loans. Many are now worry about how the increase will affect home renovation loans. A study by Hermit Baker hypothesizes that the number of home renovation loans will likely increase.
- The economy has a made a shift towards the better. Unemployment rates are the lowest in decades and home prices have increased significantly. However, single family home construction is continuing to decline which is impeding total economic recovery.
- Los Angeles is experiencing higher rents and higher homeless rates. More than half of Los Angeles’ renters are “cost burdened.” In 2014, UCLA reported that Los Angeles had the least affordable rent in the nation. Meanwhile politicians have stood by with uttering much on the subject.
December 22, 2016 | Permalink | No Comments
December 21, 2016
Promissory Note v. Mortgage
Zing! quoted me in What’s the Difference Between a Promissory Note and a Mortgage? It opens,
Buying a home can sometimes feel like learning a new language. Preapprovals, appraisals and the fact that “concessions” don’t involve hot dogs at a baseball game can be more than a little bewildering for first-time homebuyers. If you’re in the market for a mortgage, the more you know, the more confident you’ll be with each transaction during the life of the loan. If you find yourself scratching your head over mortgage lingo, we’d like to make your contract a little clearer by explaining two items that are often confused for one another: a promissory note and a mortgage.
What’s a Promissory Note?
Essentially, a promissory note is an agreement that promises that the money borrowed from a lender will be paid back by the borrower. “It also includes how the loan is to be repaid, such as the monthly amount and the length of time for repayment,” explains David Bakke, a finance expert at MoneyCrashers.com.
Although the home loan process involves both a mortgage and a promissory note, a promissory note can be used singularly in a lending relationship between two individuals. In this case, a promissory note is simply a promise to pay back the amount of money that is borrowed in a set amount of time.
“Another way to think of it is that the promissory note is the IOU for the home loan,” says David Reiss, who teaches about residential real estate as a law professor at Brooklyn Law School in New York.
What Is a Mortgage?
The second part of the home loan involves a mortgage, also referred to as a deed of trust. While a promissory note provides the financial details of the loan’s repayment, such as the interest rate and method of payment, a mortgage specifies the procedure that will be followed if the borrower doesn’t repay the loan.
“The actual home loan (or mortgage) provides information as far as the lender being able to demand complete repayment if the loan goes into default, or that the property can be sold if the buyer fails to repay,” says Bakke.
In the case of a home loan, the promissory note is a private contract between the client and the lender, while the mortgage is filed in the regional government records office. “Once you have paid off your loan your lender will record a document that releases you from the liability of the deed of trust and the promissory note,” says Ross Kilburn, CEO of Ark Law Group, PLLC.
It’s a Package Deal
In the home loan process, a mortgage and a promissory note are not a question of one or the other, but rather, both play distinct roles in the relationship between the lender and borrower. “A home loan refers to a transaction where a borrower borrows money from the lender and in turn signs a promissory note that reflects the indebtedness as well as a mortgage that gives a security interest in the home in case the debt is not paid back,” explains Reiss.
December 21, 2016 | Permalink | No Comments
Wednesday’s Academic Roundup
- The Effects of Mortgage Credit Availability: Evidence from Minimum Credit Score, Laufer and Paciorek
- Can Google Trends Actually Improve Housing Market Forecasts, Liminios and You
- Panel Data Estimates of Age-Rent Profiles for Rental Housing, Gallin and Verbrugge
- How Home Equity Extraction and Revers Mortgages Affect the Credit Outcomes of Senior Households, Dodini, Haurin, Moulton, and Schmeiser
December 21, 2016 | Permalink | No Comments
Tuesday’s Regulatory & Legislative Roundup
- Brooklyn housing advocates can rest easy! A Bushwick developer has finally agreed to set aside 20% of the housing units as affordable housing.
- Investors are shifting their stock purchases to real estate to ensure they receive income from their stocks.
December 20, 2016 | Permalink | No Comments
December 19, 2016
Negotiating Real Estate Fees
PolicyGenius quoted me in 5 Mortgage Loan Fees and Rates You Should Always Negotiate. It opens,
When it comes to making major purchases or financial decisions, we always hear that mantra, “Everything is negotiable.” You can haggle with the salesman when shopping for a new car, or with the hiring manager at a new job over your starting salary. It’s even possible to negotiate your tuition rates as a college student.
But a lot of the costs associated with buying a house can be difficult to negotiate down, according to mortgage advisor and author Casey Fleming.
“Appraisal, underwriter and processor are chosen by the lender, and the variation in fees is quite small,” he says. “Escrow and title services are typically chosen by the real estate agent of the seller in most areas, so the buyer has little say in what those fees will be.”
There’s also not much way around paying private mortgage insurance — you’ll need no less than a 20% down payment to avoid it.
But, you don’t need to let the non-negotiable items prevent you from bargaining for a better deal on other house-hunting costs. Here are a few fees and costs worth negotiating:
Real estate broker’s fees and commissions
From the outset, consider negotiating your real estate broker’s fees, according to Prof. David Reiss of the Brooklyn Law School, who teaches real estate finance and community development. “If 6% is standard in your community, you can look for brokers who will sell your home for 5% or less,” he says. “Be careful how low to go though, because you want your broker to be motivated enough to sell your property.”
Reiss notes that to gain the most advantage in negotiating their fees, your broker’s listing agreement should outline all the services they’ll provide you regarding advertisements, showing, and the plan in place to buy or sell the property in question.
December 19, 2016 | Permalink | No Comments
Monday’s Adjudication Roundup
- A Boston cab mogul is in legal trouble again after escaping jail time and being sentence to probation for his prior behavior. However, a Boston real estate developer will not let him off the hook for the mogul abandoning their 145 million dollar property deal.
- A California jury convicted four real estate investors due to their devious involvement in California’s foreclosure auctions. This bidding scheme involved over 100 properties in the San Francisco area.
- Commonwealth Insurance Company is relieved because a New York court freed the company from a 100 million dollar suit.
December 19, 2016 | Permalink | No Comments
