Gabe's Blog

New Truth in Lending and Regulation Z Guidelines
July 31st, 2009 3:09 PM

As I am sure you are well aware, there are some new government laws that will be impacting lenders and the financing for homes. I wanted to share with you what I found as the most useful information in the new Truth in Lending (TIL) and Regulation Z requirements that will impact you as a Realtor and Consumer, as you may want to take this into consideration when writing or accepting offers. These rules can possibly cause delays in the transactions.

  1. The Appraisal- HVCC considers an appraisal an upfront fee. A Loan Officer cannot collect this fee until 3 days after the initial GFE and TIL have been sent to the client. The clock starts when the disclosures are snail mailed. As of today, e-mail is not an acceptable form of delivery. There is one exception in which a loan officer can collect fees up-front. This applies if I receive the GFE and TIL back from the buyers with signatures the same day. What this means to you is: if a client signs the GFE and TIL today, I can collect a fee and order the appraisal immediately. Unfortunately, this exception only applies if the loan is through me as the actual lender. If the loan officer is not the lender, i.e. the financing is through another lender, I must wait until the lender receives the file and 3 days from when the GFE and TIL are mailed to the buyers. I estimate this could take 7 business days or more from the day a buyer gets into contract before the appraisal can be ordered and paid for.
  2. Credit Reports- Credit reports are an upfront fee that are not affected by any of these changes.
  3. APR changes- If the APR changes by more than 0.125% from the previously disclosed APR, the lender must re-disclose the new APR and wait 3 business days before signing loan documents. Some examples of things that can change the APR are: changes in title fees, a change in the closing date, the interest rate changes by more than 0.125% since the original disclosures (this could happen if the rate was not locked), or the buyer decides to pay points and buy the rate down . If any of these happen then it will delay the buyer’s ability to sign the loan documents.
  4. 7 Day Cooling off Period- A loan must wait a minimum of 7 business days from when the original GFE and TIL were mailed before it can be signed. Again, if an appraisal is required or the APR changes, this means it could possibly be even longer than 7 days.

I understand this is complicated and we are all trying to figure out how to work best with all these new rules. For now, I believe the fastest closing we will be able to do is 20 days and this is of course is best case scenario. This would only be possible if I do the loan in-house and don’t broker the loan and all parties are completely on the same from day one through closing.

If you understand the above 4 items, you will be well ahead of your competition. Feel free to involve me in your discussions so that we can create an accurate timeline upfront for your next transaction.

Have a great day.


Posted by Gabe Bodner on July 31st, 2009 3:09 PMPost a Comment (0)

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Larry Stone comments on the Santa Clara County assessment roll
July 8th, 2009 3:06 PM

I have been asked by several clients about letters and postcards that they have received in the mail regarding having your property reassessed.  Therefore, I found this information to be very valuable if you have any questions or concerns about how your property taxes are reassessed.  Please read below and let me know if there is anything I can do to be of service to you.  Thanks.

Santa Clara County Assessor Larry Stone, on the county's assessment rolls:

1. Beware of scams, especially solicitations from firms offering to provide homeowners property assessment information for a fee.

"There's no reason to pay for something that they will get from us for free," Stone said.

2. Don't panic if you don't receive your notification cards in May.

Stone is one of 10 county assessors in the state who sends out assessment notification cards to home owners early in the year. He explained this year, due to his office's heavy workload; homeowners will not be receiving their notification cards until the last week in June, giving them less time to request a second review before the deadline of Aug. 15. Homeowners have between July 2 and September 15 to formally file an appeal.

3. The assessment process begins January 1 of each year.

Stone said homeowners should be aware that the market value of a property has to drop below the assessed value before they can seek a property assessment reduction, and the time to take note of comps begins from the lien or valuation date, which is January 1.

4. The assessor is not the tax collector. Even if you expect an adjustment in your property taxes, you need to pay your taxes on time, or you will be subject to a penalty if you don't.

In line with Proposition 8, Stone said his office last year proactively reduced the assessed value of a total of 46,000 properties in the county, and as a result, the total reduction in assessed value took $5.3 billion off the county's assessment rolls.

Proposition 8 requires the assessor to take into account any factor causing a decline in value of a property, and consequently reduce a property's value. When and if the market value of the previously reduced assessment increases above its Proposition 13 factored base year value, the assessor will once again enroll its Proposition 13 factored base year value. Stone said he doesn't expect this to happen in 2009. In fact, he expects more reductions this year.

"I expect we'll double the number of properties in Prop. 8 status to about 80,000, which could take between $8 to $10 billion dollars off the rolls," he said.

The county assessor said until recently, the county's high-end markets of Palo Alto, Cupertino, Los Altos, Los Gatos, Saratoga and South Sunnyvale have held up in value because these are more established areas with excellent school districts, fewer condominiums, less new construction and fewer first-time home buyers.

"These higher end areas with excellent demand have reasonably weathered well until lately," Stone said.

On the other hand, the housing markets in Gilroy, Morgan Hill, Milpitas, East San Jose, and Central San Jose continue to be "upside down." Last year, almost 25 percent of condos and townhomes in the county, many located in these neighborhoods, were assessed below the purchase price. Stone expects that number to increase this year.

Despite the reduction in valuations, Stone said he believes Santa Clara County will still be among the top 10 in the state in assessment roll growth, which he projects will be at just 1-2 percent.

"Our assessment roll will not go negative, but we are going to see public services all over, in the county and cities, go down," Stone said.


Posted by Gabe Bodner on July 8th, 2009 3:06 PMPost a Comment (0)

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