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I was discussing a refinance with a client the other day and she mentioned seeing an ad on a major website for a 30 year fixed rate loan with a rate of 4.375%.  I told her that rate was way below the market rate of between 4.75% and 5% and asked her about fees and points.  She told me there was no mention of fees or points, and as you can see here that’s true, well sort of anyway.  The APR or Annual Percentage Rate is displayed and that is the key to understanding how to compare loans.

 Disclosing what is called the Annual Percentage Rate or APR was intended to give the consumer a way to compare mortgage loan rates and costs between lenders and has been required since the inception of Truth In Lending laws since 1968.  Additional disclosure requirements were added in 1974 with the passage of RESPA.

Disclosure rules were amended again with the recent implementation of the Mortgage Disclosure Improvement Act of 2009. 

 The truth is, that only comparing the rate and APR is not perfect and should not be relied on solely when considering a mortgage loan.

 Now, back to my story.  Using an APR Calculator (which is available under Quick Links on our website, www. Bayareateam.com) I plugged in the numbers and found that in order to get the APR disclosed in the ad, some $29,000 in additional fees are being added to the loan.  Also, in the small print the advertised rate is only good for loans up to $250,000. 

This is a case of where the APR is giving the right message, but my client was shocked to learn that some $29,000 in fees and or points where being added to achieve this low rate.  Keep in mind there is no mention of points, just the rate and the APR, which is all that is required by the law.

  1. Remember, APR is supposed to HELP consumers, not confuse them. Clearly this lender is charging hefty fees or a combination of fees and points. This brings us to our next point ...
  2. Points are tax deductible costs - most other fees are not. Charging high fees in lieu of points is not in the consumers best interest.
  3. It’s common to see rates quoted with NO POINTS to make them look better to    consumers. However you have to know the total costs in fees and points to get the true picture.
  4. APR is "pliable" - Certain fees are calculated into the APR calculation, others are not. Do not assume lenders don’t become “creative” with the "names" of fees to artificially lower their APR's.  I have a list of over 100 items that can be included in the APR calculation, however, the common names for fees that make up the APR include  processing, appraisal, underwriting, funding, mortgage insurance, admin fee, document preparation and of course points, to name a few. 
  5. A good faith estimate must be given within three days of the application.  Be aware with the passage of the Mortgage Disclosure Improvement Act of 2009, lenders cannot charge  an application fee until after you have been provided a Good Faith Estimate.

Personally, the only fee my clients pay before the loan closes is the appraisal fee and that’s not until  the loan is approved and we are ready to lock the rate. To me, application fees are just another deceptive way to lure a consumer in and tie them to the lender.

Numbers can be tricky and they can be used in downright deceiving ways at times.

That is why it is vital that you sit down and think your borrowing decisions through. You would be well served by talking to an expert you can trust.  You can do the Annual Percentage Rate calculation yourself on our website.  Look under Quick Links for the APR Calculator, which is visible when you open the page.  Compare loans in different ways.

If you are in the San Francisco Bay Area, my team and I have successfully represented clients in San Mateo, San Francisco, Santa Clara, Alameda, Contra Costa and Santa Cruz counties for the past 10 years.

Mortgage information is available at our Home Loan Center.

View the latest Real Estate Market Activity reports at www.BayAreaMarketMetrics.com.

Search for all bay area homes for sale at www.AllBayAreaHomesForSale.com.  Or for short sales and bank owned properties only,  search www.AllBayAreaBankOwned.com.

For sellers, we provide market analysis, home preparation and marketing services second to none.  Visit  For Sellers Only or just call me at 650 325 7877 or email Russ@BayAreaTeam.com and we’ll design a plan specific too your needs.

Home Preparation and Staging information is at www.PicturePerfectHomeStaging.com.


To receive a PDF copy of my book, click Let's Make a Deal, the Insiders Guide to Buying and Selling Real Estate. For a signed hard copy,  just send me an email

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We invite you to view our growing collection of short videos, slideshows and links at www.OurTeamPiks.com.

Russ Boyd and his team professionally assist buyers, sellers and homeowners in the Peninsula Communities of the San Francisco Bay Area. They serve clients in San Mateo, San Francisco, Santa Clara, Alameda and Contra Costa counties. Licensed as a Real Estate Broker by the California Department of Real Estate, 01264240.
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