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"what you need to know about mortgages and real estate. and more." pre-payment penalties expiring and rate locks by dan melson on august 11, 2018 7:00 am | permalink | comments (0) i read with great interest you article on the internet about pre-payment penalties. i find my self in a situation involving a pre-payment penalty and would appreciate your advice on this. i currently have a loan in which the prepayment penalty is up on deleted. i have gone to another lender for a refinance and have been approved for a loan. since this loan process occurred before the pre-payment penalty was up, my current lender has included it in the payoff demand information. my new lender has approved funding a loan with this penalty ($12,000) included. documents are scheduled to be signed deleted and the loan will be funded (13 days before the penalty expires). if i try to push back the date of my loan, my interest rate will go up, and i may not even qualify for a new loan since my fica scores have dropped. my intention is to go through with the loan and have the loan person hold onto the payoff check until deleted, after the pre-payment penalty has expired. i will then request a refund of this amount from my current lender. do you think this strategy is viable or can you suggest an alternative without changing the the time schedule or amount of my new loan? so you're want to be paying interest on two loans for two weeks? doing it that way is okay if you want to pay the penalty and are willing to pay interest and points and everything on the extra. if not, just have your loan provider get a rate lock extension. you'll pay roughly a quarter of a point in fees, but that's less than the interest - or the penalty. have your new lender get a payoff demand valid from expiration of the pre-payment penalty forward. your new lender is not going to tolerate being second in line for several weeks. until that previous trust deed is paid off, the loan to value ratio is higher than their underwriting allows, and i'll bet that debt to income ratio is as well. suppose there's a fire during those two weeks? is there enough money in the insurance to pay both of them? the answer is no. until that prior loan is paid off, the value of the property is exceeded by the loans against it. this is the purpose of escrow - and there's escrow in a refinance as well as in a purchase. you don't get that check - you only get what's left over after escrow does their job, which includes paying off the prior lender. as to your personal situation, why has your fico dropped? credit scores don't drop without a reason, and one credit check isn't going to make that much of a difference. basically, it looks like your lender is trying to make more money off you, and feeding you a line of nonsense to facilitate it. by boosting the loan amount, their compensation in the form of origination and yield spread rises. okay, so 1% of $12,000 is only $120 - but that's $120 more for basically the exact same work. not to mention the loan is funded now and they get paid now. loans that are finished don't fall apart. i'd bet millions to milliamps that they're intending to fund your loan before the penalty expires. if they weren't, there's no reason to have you sign loan documents that early. i wouldn't have you sign until your right of rescission runs out concurrently with your penalty. from the information given, this is not likely to be a lender with your best interests at heart. about the only thing i can even think of where it might be in your interest is if there's a notice of default or trustee's sale looming - and then we have to consider whether paying that penalty and all of the costs of the loan is really in your best interest. and since you didn't say anything about either one of these situations, i have to question the wisdom of basically volunteering to pay 6 extra months of interest plus loan costs. in this loan environment, i just have trouble believing that the new loan is going to save you that much money over the course of the time you are likely to keep it, let alone over the two weeks early you're paying it off. even if you're at 8% now and moving to a 4 percent thirty year fixed rate without points, you're spending $12,000 you don't need to in order to fund 2 weeks earlier. it's basically impossible to construct a realistic scenario where paying that penalty is in your best interest. and yes, rates are going up, but neither i nor any other analyst i read is expecting that much higher, that quickly - even if your rate isn't locked, and rates that aren't locked aren't real. rate lock extensions cost money. but sometimes they're still the smart thing to do. in your case, it's spend approximately a quarter of a percent of your loan amount (depending upon lender policy), or three to four percent for six months interest that i can't see any compelling reason for you to owe. caveat emptor original article here why you want a buyers agent to deal with developers by dan melson on august 10, 2018 7:00 am | permalink | comments (1) not too long ago i got an email from an ex-prospect who decided to buy a developer's property without a buyer's agent. they persuaded her that she would get a better deal without them having to pay a buyer's agent commission. they then proceeded to hose her. she wanted to know if there was anything i could do. the only answer i could honestly give was basically, "sorry! the transaction is already done!" this is the way that developers like it. once the transaction is complete, the damage is done. you own the property, and you owe the money. the only recourse is through the courts, which takes years as well as lots more money - and that's if you win. many folks want a brand new house for one or both of two reasons. first off, there's that new house feeling. secondly, they don't have to deal with a real estate agent, or so they think. this is mistaken. the agents who work for developers are very pleasant, very professional sharks . they're not legally allowed to actually lie, but other than that, they have no significant responsibility to the buyers. their responsibility is to get the most money on the quickest sale, period. if you let slip the wrong thing that leads them to believe you'll be a difficult transaction, you can be torpedoed before you even start. they're not there to tell you the bad things about a property, or that there's a better deal two blocks over. they have a responsibility to get the property sold. period. the developers hire them from among the very sharpest, most ruthless agents there are. indeed, developers usually have higher hurdles for buyer's agents to jump over than any other seller can get away with. buyer's agents must accompany the client upon their first visit, and register them in writing. seems minor, but anyone else who tried this would be dead in the water as far as getting agents to show their property, while developers will do both of these and more. with anyone else, when an offer comes in through an agent, that's enough. during the seller's market, many developers were refusing to pay commissions to any buyer's agents at all. this left potential buyers to pay their buyer's agents themselves or do without. the feeling on the part of developers is that buyer's agents spoil their party and prevent them from doing everything they want to their customers, so since they didn't have to deal with them, they weren't going to. the demand was there to sell the developments out whether they were willing to deal with buyer's agents or not - and if they didn't deal with buyer's agents, they would have things more their own way. this changes in strong enough buyer's markets. every last buyer is precious, so developers are grudgingly working with buyer's agents. i went to a development with a client a few days ago, and the developer's agent had no difficulty conveying the same sentiments as that classic san diego bumper sticker, "tourists go home - but leave yo

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Domain Name: SEARCHLIGHTCRUSADE.NET
Registry Domain ID: 165188667_DOMAIN_NET-VRSN
Registrar WHOIS Server: whois.godaddy.com
Registrar URL: http://www.godaddy.com
Updated Date: 2018-03-03T04:10:51Z
Creation Date: 2005-06-03T17:54:28Z
Registry Expiry Date: 2020-06-03T17:54:28Z
Registrar: GoDaddy.com, LLC
Registrar IANA ID: 146
Registrar Abuse Contact Email: [email protected]
Registrar Abuse Contact Phone: 480-624-2505
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Domain Status: clientRenewProhibited https://icann.org/epp#clientRenewProhibited
Domain Status: clientTransferProhibited https://icann.org/epp#clientTransferProhibited
Domain Status: clientUpdateProhibited https://icann.org/epp#clientUpdateProhibited
Name Server: NS3.HMDNSGROUP.COM
Name Server: NS4.HMDNSGROUP.COM
DNSSEC: unsigned
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  REGISTRAR GoDaddy.com, LLC

SERVERS

  SERVER net.whois-servers.net

  ARGS domain =searchlightcrusade.net

  PORT 43

  TYPE domain

DOMAIN

  NAME searchlightcrusade.net

  CHANGED 2018-03-03

  CREATED 2005-06-03

STATUS
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  NS4.HMDNSGROUP.COM 63.247.133.9

  REGISTERED yes

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