Archives for September 2021

Know Before You Owe

knowbeforeyouowe

When you are a Buyer, knowledge is power. And The Consumer Financial Protection Bureau knows that. They have worked diligently to make the loan process more transparent. The forms discussed below (the Loan Estimate and Closing Disclosure) were introduced to present less confusing information as to ensure consumers understand the terms of their loan and the fees they’re paying. Know before you owe!

To walk the walk, you have to talk the talk. Here is the new lingo and the new forms.

Let’s talk Terminology:

A lender is now a “Creditor”

The Good Faith Estimate (GFE) is now the “Loan Estimate” or LE for short.

HUD or Settlement Statement is now your “Closing Disclosure” or CD for short.

The GFE was meant to provide the buyer with a really good idea of what they’d be bringing to closing and the terms of their loan. But the rules behind its successor, the LE, are stricter and provide higher financial accuracy to the buyer. It includes the interest rate, fees for both creditor and third-party services (ie: appraisals, title insurance, closing costs, etc.)

Before you do anything, shop around for a lender and get prequalified for a loan. There’s little advantage to visiting with a Real Estate Agent until you know what you can afford.

First, you get prequalified, then you work with a Realtor who finds you the perfect home, and then comes your Loan Estimate.

SIX ELEMENTS TO GET THE LOAN ESTIMATE

  1. The consumer’s name
  2. The consumer’s income
  3. The consumer’s SSN to obtain a credit report (creditor shopping will NOT affect credit rating)
  4. Property address
  5. An estimate of the value of the property
  6. The mortgage loan amount sought

CLARIFY!

The prequal is NOT a Loan Estimate. If the consumer/buyer requests a preapproval or prequalification and provides 5 of these 6 elements in their application, the creditor will provide the prequalification, but is not yet obligated to provide the LE.

Only when the consumer provides all six elements of the application, the creditor must get the LE to the consumer within 3 Federal Business days (if the creditor is open on Saturday, then Saturday counts). Once provided, the LE holds true for 10 days once a property has been determined.

The home does not actually have to be under contract at this point, but it greatly benefits the buyer if it is. Without knowing which title company the contract will be at, your creditor can’t know the exact fees. With the new LE, the liability and financial accuracy weighs much heavier on the creditor than it did in the past. So what if there are differences presented on your final CD than those on your LE?  There are zero tolerance fees, and fees that fall between a 10% tolerance. So if there is a difference between your CD and your LE, depending on which category the miscalculation falls under, the creditor may have to pay.

Moral is, sellers want strong buyers. Preapproval from a creditor shows just that, which is why it’s critical to get that first. Present that to your Realtor, house hunt, get under contract, and request the LE. Leave the rest to your happy and knowledgeable Realtor.

We’ll leave the changes to the consummation (the new term for closing) for a later discussion…

BBB Scam Alert: Watch out for false promises as eviction moratorium nears end

The eviction moratorium has been extended through October 3, but that doesn’t mean scammers have postponed their tricks. Con artists often take advantage of the confusion and stress surrounding significant events. With more than 450,000 Texans behind on their rent, the moratorium’s end is a perfect hook.   

How the Scam Works

 As the eviction moratorium winds down, watch out for scammers offering loans, peddling credit repair services, or promoting government programs. These cons are a way to trick desperate people out of money they don’t have.  

For example, during the COVID-19 pandemic, BBB Scam Tracker has seen numerous reports of phony “pandemic relief” grants or government programs that allegedly provide funding to people impacted by the pandemic. Once you “qualify for the grant,” the scammer will ask you to pay a processing or delivery fee to receive your funds. Of course, the grant doesn’t exist, and if you pay upfront, you just gave money to scammers.  

Advance fee loansdebt relief and credit repair scams work in a similar way. They promise a loan – or to repair your credit – for an upfront fee. No matter how much you may need it, don’t be tempted by “guaranteed loans” or impossible services, such as removing late payments or bankruptcy, from your credit report.

This recent BBB Scam Tracker report describes a situation more people will likely encounter as the eviction moratorium nears. “I’d been in a desperate financial situation for a few weeks now, so I had been looking for loans and being denied left and right,” the scam victim told BBB. The victim received a call from a loan provider, saying their loan application had finally been accepted. There was just one catch: before the company could release the money, the borrow had to increase their credit score. Fortunately, this company had a way to help. “The way they would do that is they would send money to my account and then all I would have to do is send it back and that would boost my score.” Of course, the scammers never actually transferred the money. When the victim “sent back” the funds, they transferred $1,000 into the hands of scammers and caused their account to overdraft.

Protect yourself from this scam:

Double-check any government program before you sign up. If an organization is offering you a grant or relief funds, get to know them before agreeing to anything. Take a close look at their website and read reviews. If you think you might be dealing with an impostor, find the official contact information and call the company to verify the offer is legitimate.

Be wary of out-of-the-blue calls, emails or text messages claiming to be from the government. In general, the government will not contact you using these methods unless you have granted permission.

Think something seems suspicious? Reach out to the agency directly. If you doubt that a government representative is legitimate, hang up the phone or stop emailing. Then, report the suspicious calls or messages. Make sure the agency is real. Scammers often make up names of agencies or grants.

Do not pay any money for a “free” government grant or program. It is not free if there is a fee involved. A real government agency will not ask for an advanced processing fee. Instead, find out if the grant is legitimate by checking Grants.gov.

Advance fees are a concern. Not all businesses promising to help you repair bad credit are scams, but if you are asked to pay in advance, that’s a big red flag. In both the U.S. and Canada, credit repair and debt relief companies can only collect their fee after performing the promised services.

Avoid guarantees and unusual payment methods. Genuine lenders never guarantee a loan in advance. They will check your credit score and other documents before providing an interest rate or loan amount and will not ask you to pay an upfront fee. Fees are never paid via gift cards, CashApp, or prepaid debit cards. Unusual payment methods and payments to an individual are a big tip-off.

Get further insight by reading BBB’s tips on loans and credit repair services on BBB.org and learn more about government impostor scams during COVID-19

If you’ve spotted a scam (whether or not you’ve lost money), report it to BBB.org/ScamTracker. Your report can help others avoid falling victim to scams.