A. 
                              A reverse mortgage (RM) is a a method for helping 
                              house-rich, cash-poor unlock their equity and convert 
                              it into income without having to sell their homes. 
                              Unlike an equity loan, 
                              which requires a borrower to make monthly payments, 
                              a reverse mortgage borrower receives payments from 
                              a lender. 
                         
                        Because borrowers do not make monthly payments, they cannot 
                        default on a RM. Foreclosures are impossible by definition, 
                        they are strictly prohibited. 
                                
                              What
                              is a home equity loan? 
                              A home equity loan is a financial product that
                              allows a borrower to use the market value of a
                              home as collateral for a loan. Loans secured by
                              real estate generally are considered safer by
                              lenders, resulting in lower interest rates than
                              for other types of loans.
                               Equity
                              is easily calculated by subtracting the amount
                              owed on the home from the current market value.
                              For example, if a house with a market value of
                              $100,000 has an outstanding mortgage of $30,000,
                              the homeowner has equity of $70,000. If there were
                              no mortgage or other type of lien on the house,
                              the homeowner would have $100,000 in equity.
                                
                                
                               How
                              much can I borrow? 
                              Through home equity loans, Texans can borrow money
                              using up to 80% of the value of their homes as
                              collateral. Consider the example of a home valued
                              at $100,000 with an outstanding mortgage debt of
                              $30,000 and $70,000 worth of equity. Because
                              homeowners are limited to borrowing no more than
                              80% of the home's value, the homeowner would
                              simply calculate 80% of $100,000 ($80,000) and
                              then subtract $30,000 to arrive at a maximum loan
                              amount of $50,000.
                               Total
                              mortgage debt, including the amount of any
                              existing mortgages plus the projected home equity
                              lien, cannot exceed 80% of the home's current fair
                              market value.
                               Homeowners
                              with 20% or less equity in their homes are not
                              eligible for home equity loans.
                                
                                
                               Why
                              can't I borrow against more than 80% of the home's
                              value? 
                              Texans voted to limit the loan amount to 80% to
                              help prevent overextensions of credit and protect
                              our economy during times of economic slowdown.
                                
                                
                               How
                              are home equity loan interest rates determined? 
                              Market competition and conditions determine the
                              rates in general; the borrower's own credit
                              history will further affect the rate offered. Home
                              equity loans usually have lower interest rates
                              than do other types of consumer loans, such as
                              loans secured by personal property or loans
                              secured simply by a borrower's signature
                              (unsecured loans). First mortgages (the primary
                              loan on a house) generally have the lowest
                              interest rates. As with any financial arrangement,
                              you should shop around to find the best deal. In
                              the Consumer
                              Assistance section of our Web site are links
                              to some handy online calculators that will help
                              you compare loan programs.
                                
                                
                               What
                              other costs are involved? 
                              Lenders can charge certain fees, usually called
                              closing costs, in addition to interest. On a home
                              equity loan, closing costs cannot exceed three
                              percent (3%) of the principal amount borrowed.
                              Prepaid interest, also known as points, is not
                              subject to the 3% cap.
                                
                                
                               What
                              if I feel a lender has overcharged me on closing
                              costs? 
                              As a savvy consumer, you should always carefully
                              examine a loan agreement before signing it. Have
                              the lender thoroughly explain the contract's fee
                              structure; you'll discover that any points you've
                              purchased are not considered part of the fee
                              amount subject to the three percent limitation.
                               If
                              a lender has overcharged you, you must give the
                              lender a chance to correct the mistake (called
                              curing the loan) before you can take legal action
                              against them. You need to send a written request
                              to the lender specifying the error so that the
                              lender can issue a corrected loan agreement and
                              refund any amounts due. 
                                
                                
                               Are
                              there different kinds of home equity loans? 
                              No, but a home equity loan can hold either first
                              lien or junior lien (often called second)
                              position. 
                              If you own your home outright and take out a home
                              equity loan, it will be considered a first
                              mortgage because it is first in line to receive
                              payment if the home is sold or a borrower
                              defaults. If you refinance an existing first
                              mortgage, and pledge some of your equity to
                              receive cash in hand, you will still have just
                              one-but larger-first mortgage. In this loan,
                              generally called a cash out re-fi, the dollar
                              difference between the original mortgage and the
                              refinanced mortgage is the home equity loan
                              amount.
                               A
                              secondary mortgage is a loan secured by a house
                              that already has at least one other mortgage or
                              lien. Taking out a home equity loan in addition to
                              a first mortgage places a second lien against the
                              home. The law prohibits a homeowner from having
                              more than one home equity loan at a time, although
                              a homeowner may have secondary liens from other
                              sources, such as a home improvement loan or a tax
                              lien.
                                
                                
                               Can
                              I set up a line of credit with my home equity? 
                              As of September 2003, Texans can establish lines
                              of credit using up to 50% of the value of their
                              homes as collateral (as opposed to the 80% allowed
                              on standard loans).
                                
                                
                               How
                              can I use the money? 
                              However you choose. There are no legal
                              restrictions regarding how you use your loan
                              proceeds.
                                
                                
                               What
                              if I change my mind? 
                              The law requires a 12-day waiting period from the
                              time an application is taken AND a legally
                              mandated written consumer rights notice is given
                              to the borrower. For example, if a potential
                              borrower submits an application on Monday, but
                              doesn't receive a copy of the consumer rights
                              notice until Wednesday, then the 12-day countdown
                              would begin on Wednesday. The 12-day period is
                              measured in calendar days (rather than business
                              days) per the Home
                              Equity Commentary issued by this office. Once
                              the waiting period has passed, the loan can be
                              closed. Further, the homeowner or homeowner's
                              spouse may still cancel the loan agreement without
                              penalty within three days after closing.
                                
                               How
                              many home equity loans can I have? 
                              A borrower may have only one equity loan at a
                              time. Furthermore, it cannot be refinanced more
                              frequently than once a year. Because of this
                              limitation, it is crucial to shop for the best
                              terms among lenders. It is also important, as in
                              any credit transaction, to compare the total costs
                              of a home equity loan to other types of credit
                              available to the consumer. For example, a borrower
                              might not face a prepayment penalty for early
                              payoff of a home equity loan. However, if the loan
                              is paid off early, a home equity loan could end up
                              being more expensive than an unsecured loan with a
                              higher interest rate if you paid closing costs and
                              points. To better determine the best solution to
                              your situation, see the financial calculators in
                              the Consumer Assistance section of our Web site
                              for help crunching the numbers.
                                
                                
                               Why
                              do I have to wait a year to refinance a home
                              equity loan? 
                              Texas voters placed this provision in the Texas
                              Constitution as a consumer protection. Because
                              closing costs and points are collected each time a
                              mortgage loan is closed, generally it's not a good
                              idea to refinance often.
                                
                               Could
                              a lender foreclose on my home if I'm late paying
                              on a car loan or a credit card? 
                              On a standard car loan, the car itself is the
                              collateral, and Texas law prohibits using a
                              person's homestead as additional collateral on the
                              same loan. However, if a homeowner decides to take
                              out a home equity loan to pay off credit card
                              debts or buy a car, the home is then collateral
                              for the home equity loan and can be foreclosed on
                              if the homeowner does not make payments on time.
                                
                                
                               What
                              else should I know? 
                              It's always a sound practice to shop around for a
                              loan, but don't fill out any applications until
                              you've picked the company you definitely want to
                              work with. Filling out too many applications may
                              unduly harm your credit report.
                                
                               Before
                              you sign on the dotted line, find out what kind of
                              experience other consumers have had with your
                              potential lenders. Check out lenders with the Better
                              Business Bureau.
                               The
                              Office of Consumer Credit Commissioner regulates
                              certain home equity lenders and offers a Consumer
                              Helpline for credit-related questions at
                              800.538.1579. We can let you know about consumer
                              complaints we have on file. To get more
                              information about home equity issues or to request
                              lender complaint files, visit our Consumer
                              Assistance page. 
                              
                                
                              
                                
                                
                               
                         
                              A
                              Fact Sheet on Reverse Mortgages
                              
                               
                              Until recently, there
                              were two main ways to get cash from your home: 
                              
                                  | you
                                  could sell your home, but then you would have
                                  to move; or |  
                                  | you
                                  could borrow against your home, but then you
                                  would have to make monthly loan repayments. |  
                               
                              Now reverse mortgages
                              give you a third way of getting money from your
                              home. And you don't have to leave your home or
                              make regular loan repayments. 
                              A reverse mortgage is a
                              loan against your home that you do not have to pay
                              back for as long as you live there. It can be paid
                              to you all at once, as a regular monthly advance,
                              or at times and in amounts that you choose. You
                              pay the money back plus interest when you die,
                              sell your home, or permanently move out of your
                              home. 
                              Who's
                              Eligible 
                              All owners of the home
                              must apply for the reverse mortgage and sign the
                              loan papers. All borrowers must be at least 62
                              years of age for most reverse mortgages. Owners
                              generally must occupy the home as a principal
                              residence (where they live the majority of the
                              year). 
                              Single family one-unit
                              dwellings are eligible properties for all reverse
                              mortgages. Some programs also accept 2-4 unit
                              owner-occupied dwellings, along with some
                              condominiums, planned unit developments, and
                              manufactured homes. Mobile homes and cooperatives
                              are generally not eligible. 
                              How
                              They Work 
                              Reverse mortgage loans
                              typically require no repayment for as long as you
                              live in your home. But they must be repaid in
                              full, including all interest and other charges,
                              when the last living borrower dies, sells the
                              home, or permanently moves away. 
                              Because you make no
                              monthly payments, the amount you owe grows larger
                              over time. As your debt grows larger, the amount
                              of cash you would have left after selling and
                              paying off the loan (your "equity")
                              generally grows smaller. But you can never owe
                              more than your home's value at the time the loan
                              is repaid. 
                              Reverse mortgage
                              borrowers continue to own their homes. So you are
                              still responsible for property taxes, insurance,
                              and repairs. If you fail to carry out these
                              responsibilities, your loan could become due and
                              payable in full. 
                              What
                              You Get 
                              These loans can be paid
                              to you all at once in a single lump sum of cash,
                              as a regular monthly loan advance or as a credit
                              line that lets you decide how much cash to
                              use and when to use it. Or you may choose any
                              combination of these payment plans. 
                              Some reverse mortgages
                              are offered by state and local governments. These
                              "public sector" loans generally must be
                              used for specific purposes, such as paying for
                              home repairs or property taxes. Other reverse
                              mortgages are offered by banks, mortgage
                              companies, and savings associations. These
                              "private sector" loans can be used for
                              any purpose. 
                              The amount of cash you
                              can get from a private sector reverse mortgage
                              generally depends on your age, your home's value
                              and location, and the cost of the loan. The
                              greatest cash amounts typically go to the oldest
                              borrowers living in the most expensive homes on
                              loans with the lowest costs. 
                              The amount of cash you
                              can get also depends on the specific reverse
                              mortgage plan or program you select. The
                              differences in available loan amounts can vary
                              greatly from one plan to another. Most homeowners
                              get the largest cash advances from the federally
                              insured Home Equity Conversion Mortgage (HECM).
                              HECM loans often provide much greater loan
                              advances than other reverse mortgages. 
                              What
                              You Pay 
                              The lowest cost reverse
                              mortgages are offered by state and local
                              governments. They generally have low or no loan
                              fees, and the interest rates are typically low or
                              moderate as well. Private sector reverse mortgages
                              include a variety of costs. An application fee
                              usually includes the cost of an appraisal and a
                              credit report. Other loan costs typically include
                              an origination fee, closing costs, insurance, and
                              a monthly servicing fee. These costs generally can
                              be paid with loan advances, which mean they are
                              added to your loan balance (the amount you owe).
                              Interest is charged on all loan advances. 
                              Reverse mortgages are
                              most expensive in the early years of the loan, and
                              then become less costly over time. The cost can be
                              very high in the short term, and is least costly
                              if you live longer than your life expectancy. The
                              federally insured Home Equity Conversion Mortgage
                              (HECM) is almost always the least expensive
                              private sector reverse mortgage. 
                              Consumers considering a
                              private sector reverse mortgage other than a HECM
                              should carefully consider how much more it is
                              likely to cost before applying. Other articles in
                              The Basics section of this web site's Reverse
                              Mortgages information provide more details on
                              measuring and comparing the total cost of these
                              loans. 
                              Taxes,
                              Estates, and Public Benefits 
                              Reverse mortgages may
                              have tax consequences, affect eligibility for
                              assistance under Federal and State programs, and
                              have an impact on the estate and heirs of the
                              homeowner. 
                              An American Bar
                              Association guide states that generally "the
                              IRS does not consider loan advances to be
                              income." The guide explains that if you
                              receive SSI, Medicaid, or other public benefits
                              loan advances are counted as "liquid
                              assets" if you keep them in an account past
                              the end of the calendar month in which you receive
                              them. If you do, you could lose your eligibility
                              for these programs if your total liquid assets
                              (for example, money you have in savings and
                              checking accounts) are greater than these programs
                              allow. 
                               
                              
                               
                               
                              
                               
                              Basic
                              Loan Features 
                              Although there are
                              different types of reverse mortgages, all of them
                              are similar in certain ways. Here are the features
                              that most have in common. 
                              Homeownership 
                              With a reverse mortgage,
                              you remain the owner of your home just like when
                              you had a forward mortgage. You are still
                              responsible for paying your property taxes and
                              home-owner insurance and for making property
                              repairs. 
                              When the loan is over,
                              you or your heirs must repay all of your cash
                              advances plus interest. Reputable lenders don't
                              want your house; they want repayment. 
                              Financing
                              Fees 
                              You can use the money you
                              get from a reverse mortgage to pay the various
                              fees that are charged on the loan. This is called
                              "financing" the loan costs. The costs
                              are added to your loan balance, and you pay them
                              back plus interest when the loan is over. 
                              Loan
                              Amounts 
                              The amount of money you
                              can get depends most on the specific reverse
                              mortgage plan or program you select. It also
                              depends on the kind of cash advances you choose.
                              Some reverse mortgages cost a lot more than
                              others, and this reduces the amount of cash you
                              can get from them. 
                              Within each loan program,
                              the amounts you can get generally depend on your
                              age and your home's value: 
                              
                                  | The
                                  older you are, the more cash you can get; and |  
                                  | The more
                                  your home is worth, the more cash you can get. |  
                               
                              The specific dollar
                              amount available to you may also depend on
                              interest rates and closing costs on home loans in
                              your area. 
                              Debt
                              Payoff 
                              Reverse mortgages
                              generally must be "first" mortgages,
                              that is, they must be the primary debt against
                              your home. So if you now owe any money on your
                              property, you generally must either : 
                              
                                  | pay off
                                  the old debt before you get a reverse
                                  mortgage; or |  
                                  | pay off
                                  the old debt with the money you get from a
                                  reverse mortgage. |  
                               
                              Most reverse mortgage
                              borrowers pay off any home debt with a lump sum
                              advance from their reverse mortgage. You may not
                              have to pay off other debt against your home if
                              the prior lender agrees to be repaid after the
                              reverse mortgage is repaid. Generally only state
                              or local government lending agencies are willing
                              to consider "subordinating" their loans
                              in this way. 
                              Debt
                              Limit 
                              The debt you owe on a
                              reverse mortgage equals all the loan advances you
                              receive (including any you used to finance the
                              loan or to pay off prior debt), plus all the
                              interest that is added to your loan balance. If
                              that amount is less than your home is worth when
                              you pay back the loan, then you (or your estate)
                              keep whatever amount is left over. 
                              But if your rising loan
                              balance ever grows to equal the value of your
                              home, then your total debt is limited by the value
                              of your home. Put another way, you can never owe
                              more than what your home is worth at the time the
                              loan is repaid. The lender may not seek repayment
                              from your income, your other assets, or from your
                              heirs. 
                              (The technical term for
                              this cap on your debt is a "non-recourse
                              limit." It means that the lender does not
                              have legal recourse to anything other than your
                              home's value when seeking repayment of the loan.) 
                              Repayment 
                              All reverse mortgages are
                              due and payable when the last surviving borrower
                              dies, sells the home, or permanently moves out of
                              the home. (Typically, a "permanent move"
                              means that neither you nor any other co-borrower
                              has lived in your home for one continuous year.) 
                              Reverse mortgage lenders
                              can also require repayment at any time if you: 
                              
                                  | fail to
                                  pay your property taxes; |  
                                  | fail to
                                  maintain and repair your home; or |  
                                  | fail to
                                  keep your home insured. |  
                               
                              These are fairly standard
                              "conditions of default" on any mortgage.
                              On a reverse mortgage, however, lenders generally
                              have the option to pay for these expenses by
                              reducing your loan advances and using the
                              difference to pay these obligations. This is only
                              an option, however, if you have not already used
                              up all your available loan funds. 
                              Other default conditions
                              on most home loans, including reverse mortgages,
                              include: 
                              
                                  | your
                                  declaration of bankruptcy; |  
                                  | your
                                  donation or abandonment of your home; |  
                                  | your
                                  perpetration of fraud or misrepresentation; |  
                                  | if a
                                  government agency needs your property for
                                  public use (for example, to build a highway);
                                  or |  
                                  | if a
                                  government agency condemns your property (for
                                  example, for health or safety reasons). |  
                               
                              Changes that could affect
                              the security of the loan for the lender can also
                              make reverse mortgages payable. For example: 
                              
                                  | renting
                                  out part or all of your home; |  
                                  | adding a
                                  new owner to your home's title; |  
                                  | changing
                                  your home's zoning classification; or |  
                                  | taking
                                  out new debt against your home. |  
                               
                              You must read the loan
                              documents carefully to make certain you understand
                              all the conditions that can cause your loan to
                              become due. 
                              Cancellation 
                              After closing a reverse
                              mortgage, you have three days to reconsider your
                              decision. If for any reason you decide you do not
                              want the loan, you can cancel it. But you must do
                              this within three business days after closing.
                              "Business days" include Saturdays, but
                              not Sundays or legal public holidays. 
                              If you decide to cancel,
                              you must do it in writing, using the form provided
                              by the lender, or by letter, fax, or telegram. It
                              must be hand delivered, mailed, faxed, or filed
                              with a telegraph company before midnight of the
                              third business day. You cannot cancel by telephone
                              or in person. It must be written. 
                              *****H.E.L.O.C
                              
                               
                              HELOC
                              stands for home equity line of credit, or simply
                              "home equity line." It is a loan set up
                              as a line of credit for some maximum draw, rather
                              than for a fixed dollar amount. 
                              
                               
                              For
                              example, using a standard mortgage you might
                              borrow $150,000, which would be paid out in its
                              entirety at closing. Using a HELOC instead, you
                              receive the lender’s promise to advance you up
                              to $150,000, in an amount and at a time of
                              your choosing. You can draw on the line by writing
                              a check, using a special credit card, or in other
                              ways.
                              
                               
                              HELOCs
                              are convenient for funding intermittent needs,
                              such as paying off credit cards, making home
                              improvements, or paying college tuition. You draw
                              and pay interest on only what you need.
                              
                               
                              Upfront
                              costs are also relatively low. On a $150,000
                              standard loan, settlement costs may range from $
                              2-5,000, unless the borrower pays an interest rate
                              high enough for the lender to pay some or all of
                              it. On a $150,000 HELOC, costs seldom exceed
                              $1,000 and in many cases are paid by the lender
                              without a rate adjustment.
                              
                               
                              Most
                              HELOCs are second mortgages. An increasing number,
                              however, are first mortgages, as yours would be if
                              you used it to refinance your existing first
                              mortgage. Using a HELOC as a substitute for a
                              first mortgage is risky, for reasons discussed in
                              a moment.
                              
                               
                              Because
                              the balance of a HELOC may change from day to day,
                              depending on draws and repayments, interest on a
                              HELOC is calculated daily rather than monthly. For
                              example, on a standard 6% mortgage, interest for
                              the month is .06 divided by 12 or .005, multiplied
                              by the loan balance at the end of the preceding
                              month. If the balance is $100,000, the interest
                              payment is $500.
                              
                               
                              On
                              a 6% HELOC, interest for a day is.06 divided by
                              365 or .000164, which is multiplied by the average
                              daily balance during the month. If this is
                              $100,000, the daily interest is $16.44, and over a
                              30-day month interest amounts to $493.15; over a
                              31 day month, it is $509.59.
                              
                               
                              HELOCs
                              have a draw period, during which the borrower can
                              use the line, and a repayment period during which
                              it must be repaid. Draw periods are usually 5 to
                              10 years, during which the borrower is only
                              required to pay interest. Repayment periods are
                              usually 10 to 20 years, during which the borrower
                              must make payments to principal equal to the
                              balance at the end of the draw period divided by
                              the number of months in the repayment period. Some
                              HELOCs, however, require that the entire balance
                              be repaid at the end of the draw period, so the
                              borrower must refinance at that point.
                              
                               
                              The
                              major disadvantage of the HELOC is its exposure to
                              interest rate risk. All HELOCs are adjustable rate
                              mortgages (ARMs), but they are much riskier than
                              standard ARMs. Changes in the market impact a
                              HELOC very quickly. If the prime rate changes on
                              April 30, the HELOC rate will change effective May
                              1. An exception is HELOCs that have a guaranteed
                              introductory rate, but these hold for only a few
                              months. Standard ARMs, in contrast, are available
                              with initial fixed-rate periods as long as 10
                              years.
                              
                               
                              Note:
                              Some HELOCs are convertible into fixed-rate loans
                              at the time of a drawing. This is a useful option
                              for borrowers who draw a large amount at one time.
                              
                               
                              HELOC
                              rates are tied to the prime rate, which some argue
                              is more stable than the indexes used by standard
                              ARMs. In 2003, this certainly seemed to be the
                              case, since the prime rate changed only once, to
                              4% on June 27. However, as recently as 2001, the
                              prime rate changed 11 times and ranged between
                              4.75% and 9%. In 1980, it changed 38 times and
                              ranged between 11.25% and 20%.
                              
                               
                              In
                              addition, most standard ARMs have rate adjustment
                              caps, which limit the size of any rate change. And
                              they have maximum rates 5-6% above the initial
                              rates, which puts them roughly at 8% to 11%.
                              HELOCs have no adjustment caps, and the maximum
                              rate is 18% except in North Carolina, where it is
                              16%.
                              
                               
                              Don’t
                              compare the APR on a HELOC with the APR on a
                              standard loan because they mean different things.
                              The APR on a HELOC is the interest rate, period.
                              Among other things, it does not reflect points or
                              other upfront costs, as the APR on standard loans
                              does. Requiring lenders to show the interest rate
                              on a HELOC twice is a strange way to protect
                              borrowers, but there it is.
                              
                               
                               
                              
                               
                               
                              
                               
                              ***H.E.L.O.C
                              shopping tips
                              
                               
                               
                              
                               
                              No,
                              shopping for a HELOC is very different from
                              shopping for a standard mortgage. In most
                              respects, it is simpler, if you know what you are
                              doing.
                              
                               
                              A
                              HELOC is a line of credit, as opposed to a loan
                              for a specified sum, and it is always adjustable
                              rate. The bad news about that, which I discuss in What
                              Is a HELOC, is that HELOCs provide
                              borrowers with much less protection against
                              interest rate increases than standard ARMs.
                              
                               
                              The
                              good news is that HELOCs are easier to shop for.
                              The major reason is that important features are
                              the same from one lender to another.
                              
                               
                              *The
                              interest rate on all the HELOCs is tied to the
                              prime rate, as reported in the Wall Street
                              Journal. In contrast, standard ARMs use a number
                              of different indexes (LIBOR, COFI, CODI, and so
                              on) which careful shoppers have to evaluate.
                              
                               
                              *The
                              interest rate on the HELOCs adjust the first day
                              of the month following a change in the prime rate,
                              which could be just a few days. (Exceptions are
                              those HELOCs with an introductory guaranteed rate,
                              but these hold only for 1 to 6 months). Standard
                              ARMs, in contrast, fix the rate at the beginning
                              for periods ranging from a month to 10 years.
                              
                               
                              *The
                              HELOCs have no limit on the size of a rate
                              adjustment, and most of them have a maximum rate
                              of 18% except in North Carolina, where it is 16%.
                              Standard ARMs may have different rate adjustment
                              caps and different maximum rates.
                              
                               
                              The
                              critical feature of a HELOC that is not the
                              same from one lender to another, and which should
                              be the major focus of smart shoppers, is the margin.
                              This is the amount that is added to the prime rate
                              to determine the HELOC rate. Many if not most
                              lenders do not volunteer the margin unless they
                              are asked.
                              
                               
                              Here
                              is what can happen when you don’t ask. Borrower
                              X, who provided me with his history, was offered
                              an introductory rate of 4.5% for 3 months. He was
                              told that after the three months the rate
                              "would be based on the prime rate." At
                              the time the loan closed, the prime rate was 4%.
                              Three months later, the prime rate was still 4%,
                              but the rate on his loan was raised to 9.5%. It
                              turned out that the margin, which the borrower
                              never asked about, was 5.5%!
                              
                               
                              WARNING:
                              Do not assume that the difference between your
                              HELOC start rate and the prime rate is the margin.
                              It may or may not be. Ask. Bear in mind, as well,
                              that the margin varies with credit score, ratio of
                              total mortgage debt to property value,
                              documentation and other factors. You need the
                              margin on your deal, not the margin they
                              are advertising which is their best deal.
                              
                               
                              Truth
                              in Lending (TIL) on a HELOC is a travesty. It
                              requires that borrowers be given an APR, which is
                              the same as the interest rate. The borrower
                              described above was given an APR of 4.5% early on,
                              and when his rate jumped to 9.5% he was told that
                              his new APR was 9.5%. TIL does not require
                              disclosure of the margin.
                              
                               
                              If
                              the HELOC will be used to meet future
                              contingencies rather than to refinance an existing
                              mortgage, the shopper needs to know whether there
                              is a minimum draw at closing, or a minimum average
                              loan balance. Lenders don’t make any money
                              unless the HELOC is used, but they are not always
                              forthcoming about this. Borrowers who are
                              uncertain about future usage don’t want to be
                              forced to borrow money they won’t need.
                              
                               
                              Last
                              and least important are the fees. Upfront fees are
                              the same types as on standard mortgages, except
                              that HELOC lenders seldom charge points, and third
                              party fees tend to be small and are often paid by
                              the lender. In addition, there are some uniquely
                              HELOC charges that you should factor in. These
                              include an annual fee, usually $25-$75 and often
                              waived the first year; and a cancellation fee,
                              perhaps $350-$500, which is usually waived if the
                              account stays open for 3 years.
                              
                               
                              Here
                              is your checklist: make sure the figures you get
                              apply to your deal.
                              
                               
                              1.
                              Introductory rate and period
                              
                               
                              2.
                              Margin
                              
                               
                              3.
                              Minimum draw
                              
                               
                              4.
                              Required average balance
                              
                               
                              5.
                              Upfront lender fees
                              
                               
                              6.
                              Upfront third party fees
                              
                               
                              7.
                              Annual fee
                              
                               
                              8.
                              Cancellation fee
                               
                               
                                
                        A
                        Short History of Texas
                        Home Equity loans.  
                        We were the last State to
                        be able to do these loans. For 150 years, Texas has banned home equity
                        loans. On November 4, 1997, the voters of Texas
                        overturned this ban on home equity loans by approving a
                        Constitutional Amendment to the Texas Constitution.
                        Beginning January 1, 1998, home equity loans were
                        permitted in Texas.  Texas is the
                        second-most-populous state and Texans have more than
                        $200 billion of equity in their homes. Many home equity
                        lenders are aggressively entering the Texas home equity
                        loan market. Other than banks, savings and loans,
                        savings banks, credit unions and under certain
                        circumstances HUD approved lenders, home equity loans
                        may only be made by mortgage companies licensed in Texas
                        with a Texas Regulated Lending License. Since Texas is
                        the last state in the Union to offer home equity loans,
                        the potential growth for the second mortgage business is
                        enormous.  
                        For more
                        than 160 years, access to the home equity that owners
                        had built up in their residences was largely untapped.
                        As a direct result of the Panic of 1837, Texas
                        prohibited the forced sale of homesteads for all but a
                        very limited number of reasons. When Texas became a
                        state, these protections became part of the state
                        constitution and effectively barred foreclosing on a
                        person’s residence for reasons other than non-payment
                        of taxes, the original mortgage or a home improvement
                        loan. These same provisions also effectively barred
                        tapping into home equity for purposes other than home
                        improvement. 
                        But on
                        November 4, 1997, Texas voters approved a constitutional
                        amendment allowing more leeway in home equity lending
                        and for reverse mortgages.[3]
                        These loans became available to Texans in 1998, but some
                        technical issues limited the availability of home equity
                        loans for homesteads larger than one acre and from
                        reverse mortgages. Subsequent amendments addressed these
                        legal concerns.[4] 
                        Changes in
                        the Texas Constitution expanded the conditions under
                        which homeowners could obtain a traditional home equity
                        loan. These closed-end loans extend for a specified
                        length of time and generally require repayment of
                        interest and principal in equal monthly installments.
                        Interest rates on these loans are ordinarily fixed for
                        the life of the loan. 
                               Home Equity Lending in Texas
                              is huge. 
                        Since
                        changing the Texas constitution to allow wider use of
                        home equity loans, Texans have steadily increased their
                        reliance on these loans. According to American Housing
                        Survey (AHS) data on nine Texas metropolitan areas that
                        cover 68 percent of Texas’ owner-occupied homes, only
                        2.5 percent of Texas homeowners had any form of home
                        equity loan in 1997, substantially less than the 14.5
                        percent for all U.S. homeowners outside of Texas that
                        same year. 
                        By 1999,
                        the proportion of Texas homeowners with a home equity
                        loan had risen to 4.5 percent. While this represents
                        nearly a doubling of home equity loan usage in just two
                        years, this was still slightly less than the estimated 5
                        percent rate for home equity loan usage in the nation
                        and substantially less than the 12.9 percent estimated
                        by the AHS that year for both home equity loans and
                        lines of credit. 
                        By 2001,
                        the proportion of Texas households with home equity
                        loans had reached 6.4 percent. At this level, the usage
                        in Texas actually exceeded the usage rate of fixed-term
                        closed-end loans in the U.S., indicating that Texans may
                        have reached the saturation point with traditional home
                        equity loans. These loans typically are written for a
                        set amount to be repaid in equal installments over a
                        specified time, just like a traditional mortgage. 
                        Based on a
                        survey conducted for the Comptroller of Public Accounts
                        of home equity lenders in Texas, from 1998 to 2000,
                        the amount of the average home equity loan was about
                        $36,750. In 2001 and 2002, the average home equity loan
                        jumped to more than $47,000.[5] 
                        Closing
                        the Gap 
                        Although
                        Texans’ reliance on home equity loans has grown
                        substantially since the passage of the constitutional
                        amendment, further gains may be unlikely. Other
                        states’ average usage of 14 percent in 2001 included
                        both traditional home equity loans and home equity lines
                        of credit, financial instruments not now available to
                        Texas homeowners. The possibility that the usage rate of
                        traditional home equity loans in Texas exceeded the
                        usage rate of similar loans in the nation probably
                        indicates that without the home equity line of credit
                        option, more homeowners are opting for the fixed term
                        loans—their only other choice. 
                        During
                        much of the 1990s, about 8 percent of U.S. homeowners
                        had a home equity line of credit whereas about 5 percent
                        of homeowners had a traditional loan.[6]
                        In 2001, AHS data indicated an estimated 8.4 percent of
                        homeowners had a home equity line of credit (HELOC) and
                        5.7 percent had traditional home equity loans. 
                        This newer
                        form of home equity lending has become the preferred
                        choice by homeowners in other states. A HELOC is a
                        revolving account that permits borrowing from time to
                        time, at the account holder’s discretion, up to a set
                        credit limit. HELOCs also typically have more flexible
                        repayment schedules than traditional home equity loans
                        and have a variable interest rate. 
                        Most
                        consumers think home equity lines of credit are more
                        convenient than traditional home equity loans. While
                        about 40 percent of consumers cited the tax advantages
                        of both types of home equity credit as an important
                        consideration, 43 percent of HELOC users cited
                        convenience of use as an advantage, compared with only 1
                        percent of those using the traditional home equity
                        loans.[7] 
                        Many of
                        the major lenders in Texas make HELOC loans to
                        homeowners in other states. Their experiences underscore
                        how attractive this option is to consumers. Figure 2
                        presents the percentage of the amount of home equity
                        loans and lines of credit written in Georgia, Florida
                        and California by three major Texas lenders.[8]
                        About 88 percent of the consumers in these states choose
                        HELOCs compared with about 12 percent choosing
                        traditional home equity loans. 
                        Daniel
                        Peterson IS LICENSED UNDER THE LAWS OF THE STATE OF
                        TEXAS AND BY STATE LAW IS SUBJECT TO REGULATORY
                        OVERSIGHT BY THE TEXAS SAVINGS AND LOAN DEPARTMENT. ANY
                        CONSUMER WISHING TO FILE A COMPLAINT AGAINST Daniel
                        Peterson SHOULD COMPLETE, SIGN, AND SEND A COMPLAINT
                        FORM TO THE TEXAS SAVINGS AND LOAN DEPARTMENT, 2601
                        NORTH LAMAR, SUITE 201, AUSTIN, TEXAS 78705. COMPLAINT
                        FORMS AND INSTRUCTIONS MAY BE DOWNLOADED AND PRINTED
                        FROM THE DEPARTMENT’S WEB SITE LOCATED AT
                        WWW.TSLD.STATE.TX.US OR OBTAINED FROM THE DEPARTMENT
                        UPON REQUEST BY MAIL AT THE ADDRESS ABOVE, BY TELEPHONE
                        AT ITS TOLL-FREE CONSUMER HOTLINE AT 1-877-276-5550, BY
                        FAX AT (512) 475-1360, OR BY E-MAIL AT TSLD@TSLD.STATE.TX.US. 
                         
                         
                         
                        THE DEPARTMENT MAINTAINS THE MORTGAGE BROKER RECOVERY
                        FUND TO MAKE PAYMENTS OF CERTAIN TYPES OF JUDGMENTS
                        AGAINST A MORTGAGE BROKER OR LOAN OFFICER. NOT ALL
                        CLAIMS ARE COMPENSABLE AND A COURT MUST ORDER THE
                        PAYMENT OF A CLAIM FROM THE RECOVERY FUND BEFORE THE
                        DEPARTMENT MAY PAY A CLAIM. FOR MORE INFORMATION ABOUT
                        THE RECOVERY FUND, PLEASE CONSULT SUBCHAPTER F OF THE
                        MORTGAGE BROKER LICENSE ACT ON THE DEPARTMENT’S WEB
                        SITE REFERENCED ABOVE. 
                        
                              
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