Loans and the Danger of Using Your Home As Collateral

Think twice about borrowing money to pay bills or make home improvements, especially if you are considering refinancing, a second mortgage, or a home equity loan. Because if you can't make the required payments, you could lose your home. DO NOT let anyone talk you into using your home to borrow money you may not be able to pay back.   Some not-so-nice lenders specifically seek out older or low-income homeowners and those with credit problems to make loans to. These lenders offer loans based o­n the equity in your home and NOT o­n your ability to repay the loan. High interest rates and credit costs can make it very expensive to borrow money, even if you use your home as collateral.

Talk to an attorney, a financial advisor, or someone else you trust before you make any decisions about borrowing money. Non-profit credit and housing counseling services can also be useful in helping you manage your credit and make smart decisions about loans.

AVOID THESE LENDERS NO MATTER WHAT!

•  (1) Tell you to put false information o­n the loan application. Keep away from any lender who tells you to say that you earn more than you do.

•  (2) Pressure you into applying for a loan or applying for more money than you need.

•  (3) Push you into accepting monthly payments you can't make or could have trouble making.

•  (4) Do not provide required loan disclosures or tells you not to read them.

•  (5) Lie about the kind of credit you're getting, like calling a o­ne-time loan a line of credit.

•  (6) Promise o­ne set of terms when you apply, and give you another set of terms to sign without a legitimate explanation for the change.

•  (7) Insist that you to sign blank forms and say they'll fill in the blanks for you later.

•  (8) Will not let you have copies of the documents that you've signed.

Don't Sign Up without Doing Your Homework

Contact many lenders — including banks, savings and loans, credit unions, and mortgage companies. Ask each lender about the best loan you would qualify for. Make comparisons regarding:

•  The annual percentage rate (APR). The APR is the single most important thing to compare when you shop for a loan. It takes into account not o­nly the interest rate, but also points (one point equals o­ne percent of the loan amount), mortgage broker fees, and certain other credit charges the lender requires the borrower to pay, expressed as a yearly rate. Generally, the lower the APR, the lower the cost of your loan. Ask if the APR is fixed or adjustable , that is, will it change? If so, how often and how much?

•  Points and fees. Ask about points and other fees that you'll be charged. These charges may not be refundable if you refinance or pay off the loan early. And if you refinance, you may pay more points. Points usually are paid in cash at closing, but may be financed. If you finance the points, you'll have to pay additional interest, increasing the total cost of your loan.

•  The term of the loan. How many years will you make payments o­n the loan? If you're getting a home equity loan that consolidates credit card debt and other shorter-term loans, remember that the new loan may require you to make payments for a longer time.

•  The monthly payment . What's the amount? Will it stay the same or change? Find out if your monthly payment will include escrows for taxes and insurance.

•  Balloon payments . This is a large payment usually at the end of the loan term, often after a series of lower monthly payments. When the balloon payment is due, you must come up with the money. If you can't, you may need another loan, which means new closing costs, as well as points and fees.

•  Prepayment penalties. Prepayment penalties are extra fees that may be due if you pay off the loan early by refinancing or selling your home. These fees may force you to keep a high-rate loan by making it too expensive to get out of the loan. If your loan includes a prepayment penalty, understand the penalty you would have to pay. Ask the lender if you can get a loan without a prepayment penalty, and what that loan would cost. Then decide what's right for you.

•  Whether the interest rate for the loan will increase if you default . An increased interest rate provision says that if you miss a payment or pay late, you may have to pay a higher interest rate for the rest of the loan term. Try to negotiate this provision out of your loan agreement.

•  Whether the loan includes charge for any type of voluntary credit insurance, like credit life, disability, or unemployment insurance. Will the insurance premiums be financed as part of the loan? If so, you'll pay additional interest and points, further increasing the total cost of the loan. How much lower would your monthly loan payment be without the credit insurance? Will the insurance cover the length of your loan and the full loan amount? Before you decide to buy voluntary credit insurance from a lender, think about whether you really need the insurance and check with other insurance providers about their rates.

You'll also want to ask each lender to provide, as soon as possible, a written Good Faith Estimate that lists all charges and fees you must pay at closing. Ask for a Truth in Lending Disclosure, too. It states the monthly payment, the APR and other loan terms. Although lenders are not always required to provide these estimates, they're very helpful because they make it easier to compare terms from different lenders.

•  Found a Lender?

•  Negotiate. It never hurts to ask if the lender will lower the APR, take out a charge you don't want to pay, or remove a loan term that you don't like.

•  Ask the lender for a blank copy of the form(s) you will sign at closing. While they don't have to give you blank forms, most legitimate lenders will. Take the forms home and review them with someone you trust. Ask the lender about items you don't understand.

•  Ask the lender to give you copies of the actual documents that you'll be asked to sign as soon as possible. While a lender may not be required to give you all of the actual filled-in documents before closing, it doesn't hurt to ask.

•  Be sure you can afford the loan. Figure out whether your monthly income is enough to cover each monthly payment, in addition to your other monthly bills and expenses. If it isn't, you could lose your home — and your equity — through foreclosure or a forced sale.

•  If you are refinancing a first mortgage, ask about escrow services. Ask if the loan's monthly payment includes an escrow amount for property taxes and homeowner's insurance. If not, be sure to budget for those amounts, too.

When You Close…

Before you sign anything, ask for an explanation of any dollar amount, term or condition that you don't understand.

Ask if any of the loan terms you were promised before closing have changed . Don't sign a loan agreement if the terms differ from what you understood them to be. For example, a lender should not promise a specific APR and then, without good reason, increase it at closing. If the terms are different, negotiate for what you were promised. If you can't get it, be prepared to walk away.

Before leaving the lender, make sure you get a copy of the documents you signed. They contain important information about your rights and obligations.

Don't initial or sign anything saying you're buying voluntary credit insurance unless you want to buy it.

After You Close…Second Thoughts?

Having second thoughts about the loan? The Truth in Lending Act gives most home equity borrowers at least three business days after closing to cancel the deal. This is known as your right of "rescission." In some situations (ask your attorney), you may have up to three years to cancel. To rescind, you must notify the creditor in writing. Make sure you document your rescission. Send your letter by certified mail, and request a return receipt. That will allow you to document what the creditor received and when. Keep copies of your correspondence and any enclosures. After you rescind, the lender has 20 days to return the money or property you paid to anyone as part of the credit transaction and release any security interest in your home. Remember that you must then offer to return the creditor's money or property, which may mean getting a new loan from another lender.