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prompted us to enlist the aid of loc
Our
Lender Partners can be a great help,
but YOU must also do YOUR part. You must take a proactive approach
to ensure you protect yourself from unscrupulous or well meaning,
but uneducated Buyers.
A
very important point to remember:
THE
CONTRACT MAKES IT YOUR BUSINESS TO KNOW INTIMATE DETAILS
ABOUT THE BUYER'S SITUATION BECAUSE THEIR SITUATION DIRECTLY
AFFECTS YOUR POCKETBOOK & YOUR ABILITY TO SELL AND MOVE!
It
is your right to ask any questions or demand any information
you might want to know about the Buyers &/or their situation
that could affect your decision to enter into a contract
with them!
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Our
Lender Partners will help you gather this information and
help protect you from unscrupulous or
well meaning, but uneducated POTENTIAL
Buyers.
Not
only do you get a rebate if you and your Buyer use a Lender
Partner
for a loan, but our Lender
Partners also
give you help, information and protection you can't get with a regular
lender.
The
Buyer's choice of mortgage company & financing type directly
affects
-
how
long it will take the sale to close
-
the
odds of loan approval
-
YOUR
bottom line. (different lenders and different
loan types can change how much money you net at the same
sales price)
You
can't just say, "I don't care how you do it, I want $X at closing."
You must take a proactive stance.
There
are some people from whom you can't afford to take a contract. Others
that you may have to insist upon further financial investigation
or even a change in loan type or mortgage company before you can
make a decision or even write a binding contract.
Because many regular mortgage companies do not do
a thorough EVALUATION of Buyers, only a simple PreQualification
You must look out for yourself!
If
a Buyer tells you they have been PreQualifed or PreApproved, since
so many people use those terms interchangably, it probably means
nothing. On
the other hand if someone tells you they have been Evaluated they
probably wouldn't even know that term unless they have been thru
the process.
A
lot of people feel they have to say they have been PreQualified
or PreApproved to get into your home, but some people say it to
entice you into entering in to a contract. Writing a contract
without having the "preApproval" checked out can get you
into a lot of trouble!
How
do you tell the difference between a PQ/PreApproval and a real Pre
Approval? Don't despair, you have help. For the privilege of being
one of our Lender Partners these
special Lenders are REQUIRED to give you more assistance
than a normal mortgage company.
This
brings up the question of what type
of info must you & the Lender Partner
know about the Buyer in order to determine
the odds of the Buyer securing a loan approval and determine how
long it will take to get their loan approved so you can even write
a contract?
Hopefully
they will already be working with a Lender
Partner, but if not you must INSIST
upon knowing:
- has
a loan application already been made?
- has
their loan package been subjected to computerized Underwriting?
- what
are the conditions of the AUL recommendation & can Buyer meet
those conditions?
- credit
history and credit scores
- stability
factors
- income
stream
- money
in the bank
- suitability
of the loan type for their situation
Privacy
laws require that the Buyer give their Mortgage company permission
to give you this information. If the Buyer doesn't want to let you
talk to their mortgage company you have to ask yourself "What
are they trying to hide?"
Let's
look at each element individually and see exactly
-
what it is you are trying to determine by these questions,
-
why they are so important and
-
what you should look out for
1)
Has a loan application already been made?
WITHOUT a loan application the financing
process has not begun and no one has a clue how long it will take
to process their loan close. There is no standard amount of time
it takes to process and close a loan. Each loan is different as
it is totally dependent upon the Buyer's situation. (How can you
write a binding contract if you don't know what to put for a closing
date?)
This
is basic, but if a loan application has not been made and the Buyer's
information hasn't been verified then a Buyer cannot have been Pre-Approved!
So if someone tells you they have been preapproved, but they haven't
made loan application yet you know they haven't been preapproved!
Without
a loan application you don't really know how serious the Buyer is
or if there are weaknesses that need to be addressed. (everyone
has some)
WITH
a loan application the investigative process has begun and weaknesses
(and solutions to these problems) should be apparent. WITH a loan
application you can close more quickly. A person who has made application
is more confident they can secure financing. WITH a loan application
you know the Buyer is serious about buying.
Without
a full EVALUATION or an Loan Application how do you even know the
Buyer can afford your house?
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2)
Has their loan package been subjected to computerized Underwriting?
Computerized
Underwriting otherwise known as Automated Underwriting (AUL) is
ONE way a loan is looked at. Not every loan will benefit from AUL
nor will every loan be submitted electronically, but it is a very
good early warning system.
Automated
Underwriting IS NOT AN APPROVAL OR REJECTION. AUL only recommends
a situation be approved, looked at more carefully or turned down.
A human must still look at the information and make the final determination.
For
a full approval ALL INFORMATION IN THE LOAN APP MUST BE VERIFIED
and then submitted to a human underwriter. If the verified information
does not EXACTLY match the information as it was electronically
submitted then AUL requires the loan to be resubmitted with potentially
different recomendations. This is true even if the variance is as
little as $1.
There
is an old computer saying that applies here "Garbage in,
Garbage out." In other words if erroneous info is submitted
you will get an erroneous AUL recommendation. This means the work
ethic of the mortgage company plays a big part in the veracity
of the AUL findings.
Although
there can be many loans with a positive AUL Finding that are turned
down, if a human underwriter overrides an AUL recommendation and
approves a loan the computer recommended be turned down there are
major monetary liabilities that accrue to the Lender. This means
it is very rare that a loan with an AUL recommendation to reject
is approved.
On
the other hand there are no monetary penalties if a loan with a
favorable AUL recommendation is turned down when the final verified
details are scrutinized by a human.
Realistically
almost every file has to be resubmitted to AUL after processing
because the information on the original loan app rarely matches
the VERIFIED info - bank balances, credit balances and even income
are usually different than initially stated. So you can see that
an AUL determination, although it is good to have, really is nowhere
near a certainty.
The
fact that a Buyer has gone to the trouble to get an AUL determination
says much about their willingness to buy. It also gives you a pretty
good indication of the Buyer's creditworthiness AS SUBMITTED, but,
of course, you have no idea if the information submitted is accurate.
You need to have the mortgage company compare the information that
has been VERIFIED since the loan app to see how closely it matches
the original info BEFORE putting too much weight to a positive finding.
If the VERIFIED info isn't matching extremely closely you may need
to make sure the mortgage company reconfirms their recommendation
by RESUBMITTING the loan with the updated info prior to signing
a contract.
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3)
What are the conditions of the AUL recommendation & can Buyer
meet those conditions?
What
if the loan was submitted showing $5,000 in the bank and all the
Buyer has at time of contract writing or submission is $3,000?
What
if the loan was submitted showing an income of $6,000 a month, but
the human underwriter discovers they only have a salary of $3,000
and the rest of their income is an unstable commission, overtime
or bonus?
What
if the loan was submitted showing a credit card balance of $200,
but between now and closing they buy a sofa and chair for their
new home?
ANY
DEVIATION requires the loan to be submitted with potentially
different results! This means you need to
know if it appears the Buyer will have difficulty meeting ANY of
the submitted terms.
If
they can't, the AUL information is not an indication of their ability
to be approved for a loan.
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4)
Credit history and credit scores
You will probably never actually
see the written results of an AUL submission, BUT if you knew the
borrower had 3 charge offs, a collection and 57 late payments you
would know they will have a difficult time securing home financing.
This, of course, would affect whether you wanted to tie your house
up with them or wait for a better buyer.
WARNING!!!
A CONTRACT IS NOT AUTOMATICALLY VOIDED IF THE BUYER CANNOT MEET
THE TERMS! It is a process that can take days, weeks
or months. Sometimes a bird in the hand may not be as good as 2
in the bush! With the wrong information you will always make the
wrong decision!
As
a general rule of thumb you want to see a credit score of 620 or
greater AND no serious credit deficiencies. A person with
a score under 620 can still get a loan, it just will be more difficult
and probably at a higher interest rate.
Double
check the contractual interest rate and downpayments written into
the contract submitted to you. If the Buyer has credit deficiencies
are the contractural terms at an above market rate and downpayment?
Is the Buyer willing to accept harsher terms? If they aren't then
your contract is useless as they can back out at any time &/or
keep your house tied up for days, weeks, months or years.
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5)
Stability factors
Stability
factors are issues such as address, job and money stability and
are more important than income & debt ratios.
Frequent
job changes (more than 2 jobs in a 2 year period) indicate a high
potential for changes in the future. This will make an underwriter
look more carefully at the Buyer's credit history to make a determination
of how they will make their house payments in the future when
they are out of work again.
Has
their money been saved due to judicious financial practices or was
it a gift, borrowed or drug money?
The
source of the money makes a big difference in how an underwriter
will look at their situation. The basic premise is that if a Buyer
is weak in one area, they'd better be extra strong in all other
areas.
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6)
Income stream
HOW a person is paid can be
more important than HOW MUCH. Does the Borrower have what
it takes to satisfactorily document the commission, overtime or
bonus income?
Can
they qualify if the inconsistent income can't be counted?
Are
they new on their job?
Are
they out of their probationary period?
Something
we have seen a lot lately in the tech field - is people being
hired temp-to-perm. They can be temp-to-perm for years. If so
it can be difficult to count their income at all.
Is
the Buyer self employed?
Can
you use the last 2 years tax returns to prove up their income
or do they charge everything off and need a No Income Verification
loan which is only available at a higher interest rate &/or
downpayment?
Once
again are all these terms reflected in the financial terms filled
in the contract?
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7)
Money in the bank
Of course you need to know if
they actually have enough money to close but did you realize that
you also need to know WHERE the money
came from and WHEN it will all be there!!
Their
money must be verified as actually being in their bank account
before you can get a final approval AND the money must be seasoned
and sourced!
(seasoned and sourced means it must have been in a depository
institution for a specified period of time and sourcing means
it must have come from an acceptable source - drug money is not
an acceptable source. Jail sentences make it very difficult to
pay back your loan)
Saving
the money is best, but a gift or loan can be OK on some loan types
(and an automatic turn down on others), but even if it is allowed
it weakens the Buyer's approval situation since it is proof they
couldn't afford to live how they have been living AND save money.
If that is the case will an underwriter feel comfortable the Buyer
can make this new, higher house payment if they can't manage their
money well at the old house payment?
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8)
Suitability of the loan type for their situation
If any term of the contract cannot be met
the Buyer can back out of the contract and you must return all their
Earnest money.
Be
sure to check the contract to see what type of downpayment, loan
type and interest rate the contract is contingent upon. Make sure
the contract terms are consistent with the Buyers situation.
For
instance a self-employed person with credit issues will need higher
interest rate and downpayment limitations than a person who is
salaried, has been on the same job for 30 years, has perfect credit
and has over a $30,000 in reserves.
Our
Lender Partner call tell you
if it is likely the POTENTIAL Buyer can secure the type of
loan and terms listed on the contract.
Has
the Buyer written a contract that is contingent upon them getting
a low interest rate "A" loan when all they can be approved
for is a high interest rate "B" loan?
Once
again, a contract is not automatically voided if any of the terms
cannot be met. Voiding a contract is a process than can take days,
weeks, months or years. ALWAYS, ALWAYS insist all potential
buyers be checked out by one of our Lender
Partners PRIOR
to actually signing a contract.
By the terms of our agreement our Lender
Partners
are REQUIRED to perform this service for you.
For
maximum protection insist your Buyer secure their financing from
a Lending Partner and close
with one of our Closing Partners,
they are required to give more assistance than traditional Lenders
and Title Companies.
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This
information must be gathered BEFORE
you sign a contract, AFTERWARDS IS TOO LATE!
Contracts do not automatically become void which can cost you a
lot of time (maybe months) & severely limit your ability to
sell to another Buyer!
One
thing you cannot determine until too late is how good a job the
Mortgage company itself does. Why gamble? Our
Lender Partners
are PROVEN Performers and you get all or most of the Registry
costs back if they furnish your Buyer's financing.
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The
state promulgated contracts have an Option Fee option that
gives the Buyer the "unrestricted
right to terminate contract by giving notice of termination
to Seller within X days after the effective date of this contract."
There
are much better ways to handle this!! But if you insist upon
activating the Option Fee clause then:
For
the least involved legal ramifications you need to insist
that the inspection AND the appraisal be completed before
the end of this Option period.
Additionally you will have fewer headaches if you establish
at the time you write the contract (not at the end of this
Option Period) what will happen IF there are requirements
by the inspector or the appraiser. (
FHA appraisals are notorious for requiring work to be done
to the property.)
You
need to establish how much work, if any, you will be responsible
for and what happens if there is more work required than you
are comfortable doing. The simplest way to do this is to add
a monetary limitation to the repairs you will complete. This
is best added under
#11 Special Provisions. |
The
Buyer's loan type also affects your bottom line.
There
are 3 basic loan types.
Conventional
FHA
VA
Of
those 3 types Conventional loans have the lowest Closing Costs to
the Seller.
FHA
costs the seller about $600 more than if the Buyer got a Conventional
loan.
VA
loans cost the Seller about $1200 more.
So
you should always insist upon a Conventional loan, right? Not necessarily.
FHA loans are very good for loans below $50,000 and for people with
credit problems.
A
veteran can move into your home for a cost of only $1.
You
need to be open to whatever loan type will attract the most buyers
for your home. In some neighborhoods you house won't sell unless
you offer to accept an FHA or VA Buyer.
Your
Lender Partner and Appraiser can better advise you
of what is normal for your neighborhood. And you definitely want
to insist that our Lender Partner
do a thorough Evaluation (not just a PQ) of your Buyer BEFORE
you accept a contract!!
You've
got to realize that not every Home or Buyer can qualify for every
financing type, downpayment or interest rate.
What
would happen to your plans if a few days before closing your Buyers
suddenly discovered they couldn't buy your home?
Would
it make you lose the house you want to buy?
(You would probably also lose YOUR Earnest money!)
How
would you feel about having to start over?
Could
you find another home you like as well and how long would it take
to find another buyer for yours?
Would
you run into these same financing issues again?
Would
the frustration and timing issues cause you to feel rushed and
cause you to accept a lower offer than you ever would have considered
in the beginning? (not an uncommon circumstance)
Is
a last minute turndown a far fetched scenario?
Not at all, national figures show that about 40% of all Buyers get
ALMOST to closing before they discover they either cannot get the
loan they want or can't get a loan at all.
This
should scare you and make you realize the need to understand how
a Buyer's Financing ability impacts your ability to sell.
Selling
a house is not as simple telling the Buyer "I don't care
how you do it, I want $X for my home, give it to me."
Something
many people don't realize is that there are actually 2 approvals
necessary when financing a House sale. . . BOTH
the Buyer & your property must be approved!
A
Lender will not only look at the Borrowers ability & willingness
to repay the loan, but the Lender will also look to see if they
want to make a loan on your house. In other words could they quickly
and easily sell your house if the Buyer didn't make their payments.
House
and neighborhood financing limitations are discovered thru an APPRAISAL.
An
appraisal needs to be done prior to placing your house on the market,
but there are many more benefits to an early appraisal than just
determining financing limitations. Another big benefit is planning
- the appraisal also tells you the normal marketing times for homes
like yours in your neighborhood.
See
"Should I get an Appraisal"
in the Selling Tips section. There is also information
under "Appraisals"
in the Financing section.
The
Buyer's true financing limitations are discovered thru an EVALUATION
or PREAPPROVAL - not thru a PQ!
Learn
the differences in the next section.
A
smart Buyer will have an EVALUATION done prior to looking at properties
but if YOUR Buyer hasn't had an EVALUATION you definitely want
to insist that one be done prior to accepting a contract. (afterwards
is too late!)
This
is so important I am going to say it again:
It
is your right (nay your DUTY) to ask any questions or
demand any information you want to know about the Buyers
&/or their situation that might affect your decision
to enter into a contract with them!
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Our
Lender Partners will do all this for you!
You can trust them to give you good advice and an
honest answer to all your questions.
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